Flight delay and cancellation compensation, Thomas Cook ONLY

David_e

doseyjosie wrote: »

Its so fustrating

Yep, if they made it easy, they would have to pay everyone entitled and they don't want to do that.

It sounds like you have already found the gaping hole in their defence.

I suggest you read the FAQs and post any questions not answered there on the Thomas Cook thread (as flagged in 111KAB's post directly above yourse.

You'll probably have to take legal action but if their defence is as stated, you appear to have a strong case.

orkadian

Hi,


Not the same flight but a similar scene from the same airline.


The outbound flight from Glasgow to Sharm El Sheikh on
Thursday 3rd July 2008 was supposed to return on Thursday 17th July but was delayed for 11 hours and did not return until Friday 18th July on flight TCX693.


Compensation success with Thomas cook paying out £505 in cash per person after CAA found in our favour.

MargaretTurton

We applied to Thomas Cook three weeks ago, for compensation for a delayed flight in October 2012. We have had the claim settled and they are paying the money into our account, excellent customer service, and speedy response.

JPears

Excellent news, congratulations:beer:

picardygirl

Looking for some advice. Had already posted some info in Bott & Co thread but didn't want to hijack thread and it's not about them so thought would start another thread.

Background: delayed on Thomas Cook flight July 2013 for 4 hours confirmed by flight stats. Wrote to TC and got standard letter saying exceptional circumstances blah blah wrote back again and got similar reply, didn't feel could pursue court action alone so instructed a NWNF company who confirmed back last September they felt we had a case. Forward fast to a few weeks ago and they have just fobbed us off and have only updated me when I've prompted them. Finally early march they instructed solicitor to send TC a 14 day letter ...... TC have not responded to the letter so I'm now being told (after asking for a week) that they will start court proceedings ....... But need £80 up front fees which would be reimbursed if we win or if TC settle before a court hearing.

They are saying its part of their terms and conditions which we are struggling to find in their t & c's so have asked them to clarify.

So my question is, is it normal for court fees to have to be paid up front by some companies or should be just tell this company to stop any action and we will pursue through another company as we are unhappy with the service we have received so far?

I understand it was never going to be done and dusted in weeks or even a few months but really feel this company has totally dragged their heels and now asking for money before they will go further.

Help! Thanks.

Vauban

See this exchange following jamapo's post the other day:

https://forums.moneysavingexpert.com/discussion/4384699

picardygirl

Thank Vauban ...... very interesting read ...... my OH and I both cant see where in the terms and conditions it says we have to pay up front and the solicitors letter we received says "strictly NWNF" so til they have replied saying where exactly it states we have to pay fees up front cant do anything else.

But if it turns out, which I'm sure it will, that we have to pay them up front, i might see what they say if we try to pull them and move to another company ...... after all I'm not happy with their service provided so far and have told them this in emails since December and still no improvement so its not out the blue that i'm complaining.

I would rather start from stratch with another company say Bott & Co (but can anyone clarify they wont charge up front fees? just dont want to be chucking away money if its pointless, thats why i went for a NWNF company in the first place ), than give money to a company that are so bad with correspondence, it took this company from September 2013 - March 2014 to even instruct a solicitor to my case, after i'd already had two refusal letters myself, appreciate they were probably waiting for a reply from CAA (so they tell me) but whenever i've emailed i've had to wait a week for a response and only then did i get a response after i'd emailed again saying did you receive my earlier email etc etc.

..... wish i'd done it all myself now, the hassle and chasing I am having to give this company ...... rant over lol

Vauban

Was this EUDelay also?

picardygirl

No its Blueway ...... any knowledge about them?

Vauban

picardygirl wrote: »

No its Blueway ...... any knowledge about them?

Never heard of them.

In big bold letters their website states

We work on a strictly "no win, no fee" basis that means you do not have to pay any up front costs at all. We only take a small commission once payment has been received from the airline — we take just 20% (plus VAT) of any monies reclaimed for you which is far cheaper than any of our competitors - whilst you will receive the remaining amount. There are no hidden fees and no costs for you to pay even if in the very unlikely event our claim on your behalf is unsuccessful. So there really is nothing to lose by instructing our specialists at Blueway to act for you.

In their terms and conditions, however, they say:

3.7 In the event of a claim being unsuccessful, the Company will pay all costs incurred on behalf of the Client including any costs of formal litigation (less the small initial court application fee that will be reimbursed by the airline if the claim is successful).

Personally, I would not characterise the initial court fee as "small" (mine was £80). And it seems to me that this clause is wholly inconsistent with the assertion on their website that "there are no costs for you to pay".

I don't believe Bott require the client to pay any upfront fees, but I haven't used them so cannot be sure.