Flight delay and cancellation compensation, Thomas Cook ONLY

Vauban

David_e wrote: »

I'm not sure that you would ever get more than you have claimed, certainly not where the compensation is fixed by the Regulation. What did you have in mind?

I suspect that the judge would take a dim view of a case being pursued when (apparently) a full settlement had been offered.

Quite.

Luke: you've won. Congratulations. Make sure you get the money though before you agree to drop the case!

richardw

Thomas Cook are on tonight's bbc watchdog.

Flights BRS to IBZ and PMI 1st June 14, pilot illness apparently. About 45 mins into the programme if you are watching on iplayer.

Midgit

14 months after referring my claim to the CAA, they have responded! They have ruled that the technical issue was within TC's control and they have been given 4 weeks to contact me re: payment! Watch this space........

Suz1982

Suz1982 wrote: »

I've been in a battle with Thomas Cook for what feels like forever for a flight Manchester-Cuba that had a 23 hour delay November 2012 due to technical problems/plane setting off ok then turning back when there was an engine fault. This was the infamous G-OMYT plane that had 3 instances exactly like this in a very short space of time.

We took the court route, went to court only to get this deferred pending the results of the Huzar case. Then last month we received a Court Order strikes out theDefendant’s (TC's) claim and provides for liberty for the Claimant (us) to enter Judgment. I wanted to research what this actually menat, but I've now received the following from TC's legal team:


Dear xxx

I write further to my below e-mail. As you can see, Thomas CookAirlines have instructed this firm to represent them in respect of your claim.You should therefore send any further correspondence to us.

Although the Court has paved the way for you to enter Judgment Iwould ask you to not do so. If you do my client will certainly make a formalapplication to the Court which seems entirely unnecessary given it will mostlikely mean another attendance at the Court.

As you consider this let me offer you the following thinking: I can see thatyou have researched and kept abreast of the developments of flight delay claimsand so will be aware of the Huzar case. It is no secret that bothairlines and consumers await this decision with great interest as it may changethe way we all look at these claims one way or another. It is also no secretthat dependant upon what the Court of Appeal says your own claim may becomestronger or weaker. It is with this uncertainty that the vast majority ofclaimants agree that a stay pending the Huzar decision is simplysensible. Dependant upon what the Court of Appeal says this particular delaymay not be one that Thomas Cook will decide to continue contesting.

With that in mind I would ask you to agree in writing (e-mail willsuffice) to the draft directions I have previously sent (in my last e-mail) toallow this claim to continue as previously intended. There is no prejudice toyour case at all – we would simply be waiting until the Court of Appeal’sdecision, which I would expect would be in June/July time.

What do people think we should do? My husband says it's no skin off our nose to enter judgement and inconveniance them as they've inconvenianced us so much. I've done SO much research about the tecahnical problems/different cases/history of these types of cases but I'm no legal expert and would appreciate some advice!!

After posting this (and thank you for all responses back!) We entered judgement and the court ordered TC to pay full costs to us!! Victory... or not as the case now stands, TC have appealed this.

Now the correspondance from Travlaw I detail above was sent to me rather than my husband and as my husband is the claimant we are sure this is a breach of data protection.

We recently received more correspondance from Travlaw, sounding quite irate this time! The solictor wrote he was "disappointed not to have received a response" (on all advice both on here and otherwise we received, we decided to just go ahead and file judgement rather than reply to this) and that he knew we had received his letter as he had seen it "posted on a popular internet forum"!!! Interesting to see that the solicitors working for TC obviously read this forum, can see the sheer unreliability/audacity and general poorness of Thomas Cook re flight delays and still defend them and can still sleep at night!!!

Our stance now is that Travlaw are still insisting the case is stayed until the Huzar judgement, but we are pushing for a resolution before then. Our case is built on other cases such as Wallentin, and also the fact that our flight delay was on the infamous G-0MYT... most unrelaible plane to fly the skies with a massive history of engine failures!

Any more advice and encouragement is appreciated, and I'll keep unpdating this board with our progress.

111KAB

Midgit wrote: »

14 months after referring my claim to the CAA, they have responded! They have ruled that the technical issue was within TC's control and they have been given 4 weeks to contact me re: payment! Watch this space........

Will watch this space however for your health sake please do not hold your breath whilst waiting for TC to contact you and even if they do expect them to say they do not agree with the CAA! I hope I am proved wrong by the way.

JPears

How long after default judgement did you receive the condescending (sp?) letter from Travlaw?
If it was more than a couple of weeks I woould be in no mind to agree anything, let them seek a setaside. Since the Court actually wrote to both you and Travlaw, informing that the defence was struck out, they really have NO excuse. One would hope any Judge would see sencse that TC and their appointed agents have handled this poorly (and I'm being generous) and not allow any form of appeal/setaside.

Suz1982

JPears wrote: »

How long after default judgement did you receive the condescending (sp?) letter from Travlaw?
If it was more than a couple of weeks I woould be in no mind to agree anything, let them seek a setaside. Since the Court actually wrote to both you and Travlaw, informing that the defence was struck out, they really have NO excuse. One would hope any Judge would see sencse that TC and their appointed agents have handled this poorly (and I'm being generous) and not allow any form of appeal/setaside.

It was around a week after we received the default judgement.

I was copied into an email he sent to the court too. In it he states:

[*]Natural justice dictates that it would be unjust to move forward with all of the other cases with only this case ending with a Judgment for the Claimant. This flight delay, and the various claims which stem from it, should have full consideration and a judicial decision as to liability. (Damages being a statutory amount if the Claimants establish liability).
Thomas Cook seem to be gambling A LOT on the Huzar case.

I genuinely feel that anyone who has had the misfortune of a flight delay on G-OMYT has an extremely strong case with or without Huzar.

"Natural Justice" should dictate we all should have been paid out ages ago!

JPears

Hmm... a conundrum. You have complied with all the requirements of due legal process. TC have not. Are you using Huzar in your court bundle/legal argument?
TC have the issue with the court, not you, so I would let them explain themselves to the Judge. I don't think your actions or giving TC yet another chance to procrastinate, can be construed as wasting court time or prompting unnecessary hearings etc.
Get real TC/Travlaw. If you can't do your job properly stop making others pay for it!

Suz1982

JPears wrote: »

Hmm... a conundrum. You have complied with all the requirements of due legal process. TC have not. Are you using Huzar in your court bundle/legal argument?
TC have the issue with the court, not you, so I would let them explain themselves to the Judge. I don't think your actions or giving TC yet another chance to procrastinate, can be construed as wasting court time or prompting unnecessary hearings etc.
Get real TC/Travlaw. If you can't do your job properly stop making others pay for it!

We haven't actually used Huzar in our court bundle! When we had our first court hearing when the TravLaw solicitor asked for a stay until after Huzar, we agreed, but felt quite put on the spot. This has been ongoing since the end of 2012, and as you say, it just feels like yet another chance for them to procrastinate.

I've also read with some interest on Travlaw's own website that it seems to be policy for them to stay all these cases until after Huzar. We all seem to be seen as a "job lot" rather than the Travlaw guys taking serious consideration of each individuals case and argument. As proven when Travlaw coerced us to stay until after Huzar, without considering that we have no built our case round Huzar! Travlaw in their witness statement submitted to the court didn't even bother to get our flight date correct! Very sloppy!

JPears

So you have already been to court, TC applied for a stay, presumably granted, then Judge threw out TC's defence anyway, and TC didn't respond?
Personally I wouldn't be giving these cut n paste jokers a single second more of my time.
Just my two penneth worth