Flight delay and cancellation compensation, Thomas Cook ONLY

Vauban

JPears wrote: »

Running out of petrol in my book is ignorance and negligence

Why do you have a petrol-powered book?

JPears

"I am not a lawyer, but I do have a nice comedic hat"

RenTheRoosta

UPDATE

Thomas Cook paid my compensation!

To refresh memories I was delayed for 17 hours in Tenerife in 2012. Thomas Cook gave out letters at the airport claiming the delay was 'mechanical failure'. This does not come under 'extraordinary circumstances' so anyone suffering a delay for this reason for over 3 hours IS entitled to compensation.

I initially wrote to Thomas Cook; they tried to fob me off. I couldn't take the matter to the CAA as the delay took place in Tenerife so I wrote to the Spanish authorities the AESA who investigated and sent both myself and Thomas Cook a report confirming Thomas Cook were liable to pay me compensation. Thomas Cook ignored the report and wrote another letter to me trying to fob me off.

So I opened a claim online with Moneyclaim and started Court proceedings against Thomas Cook. I had to pay the £60 Court fee up front but this was refunded when Thomas Cook paid my compensation. Thomas Cook's legal department responded to the claim saying they wound defend it - this was just a scare tactic as they were legally in the wrong and would be found liable had the case reached Court. After a few pieces of documentation were entered on the claim on both sides I received an offer of settlement from Thomas Cook which I was satisfied with and accepted.

Main thing - DO NOT BE SCARED TO START COURT PROCEEDINGS. If you have also had a delay in another country and have been given their authorities' official report saying Thomas Cook is liable for compensation then they will be forced by a Court to pay it. They will try to fob you off with lengthy letters basically telling you to get lost- ignore them. Follow the guidelines and template letters and if you do not receive an offer of compensation willingly then begin Court proceedings against them.

I can only speak personally about flight delays occurring in another country where you have been given the official report of liability as I have not experienced any other kind of flight delay.

If anyone wants to ask me any questions about my experience feel free to PM me.

Good luck and do not give up the good fight! xx

Vauban

Well done Ren - that's a great result.

But in the interests of accuracy I feel bound to note that your comment:

RenTheRoosta wrote: »

If you have also had a delay in another country and have been given their authorities' official report saying Thomas Cook is liable for compensation then they will be forced by a Court to pay it.

is not right. Courts are not bound by these opinions, and there is plenty of anecdotal evidence from this forum of judges dismissing them.

Glasgow24

Hi,

After CAA stating Thomas Cook should pay us compensation and Thomas Cook refusing, i have sent a NBA then initiated further action with Bott & Co. Although they state no win no fee, their terms and conditions state that if we lose we need to pay all Thomas Cook's fees. This seems a huge risk. We are not covered under house insurance. We only have legal protection on our car insurance. Should we give up?

RenTheRoosta

Vauban perhaps I should have clarified that this is my opinion based solely on 'mechanical failure' not being 'extraordinary circumstances'.

111KAB

Glasgow24 wrote: »

Should we give up?

No discuss with Bott & Co and reach an agreement acceptable to you.

David_e

Glasgow24 wrote: »

their terms and conditions state that if we lose we need to pay all Thomas Cook's fees. This seems a huge risk.

That's interesting. I've not seen their full Ts &Cs but their website says (my emphasis):

"We charge €25 euros and subtract 27% of the total compensation amount following payment from the airline. We work on a no win no fee basis so you’re at no financial risk to claim at any point. We also cover court fees (£150) and the cost of compiling expert reports (£750 each) if required."

I'd ask them to square that with the suggestion that you could be lisbe for the defendant's fees.

For what it's worth, I understood that the defendant in small claims cases can recover very limited amounts and, in practice, I don't recall anyone posting here saying that they had paid anything (in the rare cases lost).

[Edit: maybe it's different where you engage a solicitor rather than taking the case yourself.]

Vauban

I understood that though you are liable theoretically, Bott provide you with insurance (as part of the deal) so you have no exposure in practice. But as 111KAB says, drop them a line and talk it through. In my experience, they're one of the better NWNF outfits out there.

sharnie48

Hi we were delayed 6 hrs on the way back from Fuerteventura to Newcastle on 10th May. I have filled in the form on the Thomas Cook website but do I need to fill it in for each passenger or per booking. Thank you.