Flight delay and cancellation compensation, Thomas Cook ONLY

David_e

Please don't post the same thing twice and create unncessary new threads. Centipede100 has posted a response to your original post (which ideally should have been on the TC thread).

purple_icecream

111KAB wrote: »

"The defendant avers that an inspection of the technical log for aircraft registration number G–OMYT confirms that they were no previous faults recorded with respect to the engine."


Ask for the logs for inspection whilst pointing out that this was a technical problem and as such was not an extraordinary circumstance -(they probably won't have them or won't present them) but then point out that the reason you are asking is that there have been numerous reported instances after your delay and as most problems are not reported you are just questioning their statement.


I will message you with a further comment.

Do I ask for the logs in my court bundle or when I am in the hearing?

(Thanks for the PM, I replied, but dont know if it sent, cant see a copy of my reply)

purple_icecream

David_e wrote: »

I don't think it's a defence point as such. It just says you are relying on the Sturgeon case which ensures Reg 261/2004 applies to delays not just cancellations, etc..



I assume it's still good law until or unless it's overturned, so (for now anyway), yes.

So should I include a copy of the Sturgeon case in my bundle? How do they know I am relying on that, I never said I was in my claim?

OK Huzar copy ready to be added! Thank you David :T

111KAB

purple_icecream wrote: »

Do I ask for the logs in my court bundle or when I am in the hearing?

(Thanks for the PM, I replied, but dont know if it sent, cant see a copy of my reply)

Yes received reply thanks. Yes you must request logs prior. The other matter I mentioned (by PM) should be raised in your skeleton/at hearing.

batman44

purple_icecream wrote: »

Not sure how to use that as ammunition as they all happened after my incident, any ideas how to incorporate it to strengthen my case?

Just throw in for good measure the AAIB report in to the engine stall at manchester, this shows that the fault was there for a long time corrosion and should of been pick up. I have posted the report on here i think but if not just google AAIB report TC manchester and the aircraft reg. That will blow the log out of the water!

Found it


https://app.box.com/s/ea1rrjakmo4iod88qt3e

mrs_cr

Please accept my apologies. I am new to the forum and in fact have never done anything like this before. It was unintentional that I posted twice as I could not find my original post and convinced myself that it didn't get posted.

batman44

Question, The Huzar appeal outcome may take a while so depending on the result and you wish to continue the case, and then the date is set for your hearing can you postpone if your out of the country if it falls on that date?

nickc_3

Hello I was wondering if anyone could help. I naively heard about the flight compensation from someone who works at a claims company and me and the rest of my party went ahead to make the claim through that company. Since then the communication with them was shocking and the customer relations wasn't up to much, so we decided to look into it further. When we did we found how much easier it is to do it direct, regrettably.
So we went ahead and did the claim direct through Thomas Cook, and had the money in our banks within a few weeks. Now the claims company are saying if we cancel we owe them cancellation fees but refuse to state how much it is.

Where do we stand with this? The company say it was in the terms we signed but are still yet to send us a copy of these terms. Does anyone have any idea how much these fees are and if we can refuse to pay them due to the company doing absolutely no work at all for us? They are just a small claims company and the other members of the party are going for the idea of "just ignore them till they go away", but I'm not sure how they would proceed legally if we did.

Thanks

Vauban

Who is it?

batman44

Forgot to mention in my post above, pending Huzar decision is to let the court know if I wish to continue or it has been settled. Should I let them know what date I will be out of the country? I cannot find anything in the cpr's. If I wish to continue the case inform them within 28 days after the appeal or outcome is determined they say.