Flight delay and cancellation compensation, Thomas Cook ONLY

David_e

sharnie48 wrote: »

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.

I've not seen the form. Legally, a claim is for each individual passenger to make (albeit this can be done on one form). As you are making an "informal" claim, I doubt it matters as long as you can make it clear the number of passengers involved.

Poppsy

After a long wait Thomas cook have agreed a settlement figure for a 27 hour delay. Great news however at least 4 months down the line still no money. We've been told on several occasions that the money was sent but takes 10 days to appear in our bank account. No money has ever been received and the bank has said none has been sent to them for clearance. It's now being looked into by the investigation team but can't help but think we're just being fobbed off. Any one else had this happen?

Gilly1976

Poppsy wrote: »

After a long wait Thomas cook have agreed a settlement figure for a 27 hour delay. Great news however at least 4 months down the line still no money. We've been told on several occasions that the money was sent but takes 10 days to appear in our bank account. No money has ever been received and the bank has said none has been sent to them for clearance. It's now being looked into by the investigation team but can't help but think we're just being fobbed off. Any one else had this happen?

Hi Poppsy - what flight were you on. I have a claim with a NWNF for a 27 hour delay and if TC have agreed to pay out for the same flight as me then I can pass this info to the solicitors to try and push things along.

Jadeybaby21

***UPDATE***

Well it seems Thomas cook really do want to defend all the way. I really was hoping they would give in by now but doesn't seem so. I received a copy of their submitted defence in the post this morning.

I guess I just have to wait for a court date now? it states on the defence 'in the Northampton county court' so i am assuming I will have to attend that court?!

Here is their defence. Ive never done anything like this before so I am actually a little bit scared and no idea what to expect.... should I stick it out or back out? opinions welcome!!

1 The defendant is incorrectly named as Thomas cook. the correct defendant is thomas cook airlines limited, registered company number 02012379.

2. The defendant is an airline, specialising in the provision of international flights to the public.

3. The defendant is not in receipt of detailed particulars of claim as alleged within the claim form. The defendant may seek the permission of the court to amend the defence in the event that further particulars are served by the claimant.

4. It is admitted that the claimant booked on flight TCX1246 from Tenerife to London Gatwick on 27th sept 2013.

5. It is admitted that EC regulations 261/2004 applies to the claimants flights. This provides that compensation is payable in the event of cancelled flights and instances of denied boarding. it also provides that airlines are to provide welfare to passengers in the event of cancellation \, denied boarding or delayed flights. it is denied that the regulation expressly provides that compensation is payable in the event of a delayed flight.

6. The defendant avers that the claimants compensation claim is based upon the decision of the European court of justice in the joined cases of sturgeon v condor flugdienst GmbH and Bock v air France cases C-402/07 and C-432/07 respectively, where it was determined that despite the regulation not expressly stating that compensation is applicable in the event of delay, the regulation is to be interrupted in such a way.

7. It is the defendants case that the delay was reactionary when aircraft registration G-FCLD was grounded in Manchester airport with a flap/slat fault.

8. Engineers were dispatched in order to investigate this and consulted with the boeing engineers in order to trouble shoot the cause.

9.The defendant followed its contingency plan when the engineers confirmed that it would be a lengthly period of time before the could rectify the fault, and declare the aircraft serviceable.

10. The defendant avers that they secured another aircraft from its fleet, and aircraft registration G-FCLA was prepared to service the claimants route.

11. An inspection of the technical log for the origional aircraft confirms that there was no previous history of such fault.

12. The defendant avers that it took all reasonable measures by providing refreshment vouchers to the claimant and other passengers.

13. It is averred that the provisions of the regulation are subject to derogation's to liability as contained in recitals 14 and 15 to the preamble of the regulation.

14. Should liability attach, which is denied, it is averred that the applicable amount per passenger is 400 euros. it is averred that the claimants claim be limited to the sterling equivalent of 400 euros calculated using the historic exchange rate on the day of the effect flight which was 1.19 euros to the one pound making the amount claimed £336.13.

15. The claimant is not entitled to any interest on the compensation that the court deems appropriate to award.

Thanks for all your advice/opinions in advance!

Vauban

This is mostly poppycock and pants. They confirm a flight (not yours?) was delayed in Manchester by a technical fault, that they tried to fix it, and then had to get another plane. (Para 12 is hilarious, for those who know their Wallentin judgement.)

Don't fret. Keep an eye out for the Huzar case this week (and the judgement to be expected in the next few weeks afterwards). that will have a significant bearing on your claim.

But to be honest, I can't see that TC have much of a case (which is why they're fretting about exchange rates!). I bet they fold long before you have to pull your paperwork together.

JPears

Agree with the High Lord Professor. There is a lot of "flim flammerry" in this defence and really is worth the wasted ink/paper. Just have a really good read through all the threads and a couple of weeks later you will realise the poppycock precis that they have provided
For starters - particulars of claim? Well if they haven't provide their reasons/excuses before this point how could you provide particulars?

Swifty66

Hi, I posted on here a few weeks ago. I have been advised by CAA that TC would be paying me compensation for a delay last August but they have refused to pay.. same old same old! Anyway, I'm in the process of deciding whether or not to use a NWNF firm or DIY through Small Claims Court. Is it really worth all the stress and time to do it yourself (although I imagine it is a good sense of achievement if you win) or just much easier to go through one of these firms. I've seen Bott & Co recommended.

Thanks

David_e

Swifty66 wrote: »

I'm in the process of deciding whether or not to use a NWNF firm or DIY through Small Claims Court. Is it really worth all the stress and time to do it yourself (although I imagine it is a good sense of achievement if you win) or just much easier to go through one of these firms. I've seen Bott & Co recommended.

You said in March that you had spoken to them. Search for "no win no fee" or NWNF and you'll see posters' views.

The 'pros' and 'cons' of the DIY approach were discussed in response to your previous postings.

unhappyrainbow

Hi all,

My case against TC has been to court once already and their defence asked (and got) a stay pending the outcome of Huzar.

My question is this. I included in my claim, compensation for both my Wife and I, but they said in court I could not claim on her behalf. Would it be wise to initiate another claim for her through MCOL, or wait until I win my case in court then send TC another initial letter?

Thanks

Unhappyrainbow.

111KAB

unhappyrainbow wrote: »

Hi all,

My case against TC has been to court once already and their defence asked (and got) a stay pending the outcome of Huzar.

My question is this. I included in my claim, compensation for both my Wife and I, but they said in court I could not claim on her behalf. Would it be wise to initiate another claim for her through MCOL, or wait until I win my case in court then send TC another initial letter?

Thanks

Unhappyrainbow.

None of the above .... wait for Huzar result first.