Flight delay and cancellation compensation, Thomas Cook ONLY

nickc_3

Had a copy back of the original terms which vaguely state we will pay a cancellation fee but doesn't go into any more detail. The company then stated in its last letter the fee would be £150 per active claim. I myself opened 2 claims with them, so along with the other members of the parties they would be asking for £1350 worth of cancellation fees. Surely there is no way they can justify this? I have only received 2 letters from themselves and a few ill informed phone calls, so can't understand what they would be charging us for.

Also David_e I looked into the Ministry of Justice regulation they are covered by and it doesn't mention flight compensation anywhere http://www.justice.gov.uk/claims-regulation/cmr

David_e

nickc wrote: »

Also David_e I looked into the Ministry of Justice regulation they are covered by and it doesn't mention flight compensation anywhere http://www.justice.gov.uk/claims-regulation/cmr

Interesting - and rather daft if (as appears to be the case) flight delay claims business isn't regulated.

As a matter of interest, is the amount they are claiming from you and your party more or less than the percentage fee you were quoted if they had recovered compensation for you?

If a cancellation fee wasn't originally quantified, you could reasonably ask them where they got £150 from.

nickc_3

Considerably less, they was only asking for 15% from me as I knew the former employee, kind of a family and friends deal. And 25% from the others. So even the 25% of a successful claim (400 euros each) would be 100 euros so around £80. Completely at a loss as to the best way to approach this. If we try and go ahead with the claim with them, knowing it's going to come back unsuccessful, are they then going to try and charge us even more fees for wasting there time. And with them not being regulated do we really have to pay anything at all legally.

Alan_Bowen

I entirely agree that if you were not advised of any cancellation fee before you gave them the case, you should not pay anything. If you saw the conditions and they only mention a reasonable cancellation fee, I would ask them to produce evidence of £1350 worth of work, which I suspect might be rather difficult. Ask for evidence of correspondence with the airline, from the sounds of it they never actually got that far, and in that case, it might be argued, they are the ones in breach of contract.

edtheduck_2

Vauban, or anyone else, what would you suggest I do now please, based on the successful Huzar judgement?
I started my claim against TC online on 27th May, it was registered on 28th May and TC have until 9th July to respond. So do I really have to sit and wait until then or can I do anything to hurry them along?
Can I contact the court and say about the similarities with Huzar and the ECs that TC are claiming on all our (pre-court) correspondence and ask for a decision on that basis? They have never actually told us what the 'alleged' ECs are!
I am in Belfast by the way but I am presuming that the law/precedent will be the same(Huzar). Thanks

Vauban

edtheduck wrote: »

Vauban, or anyone else, what would you suggest I do now please, based on the successful Huzar judgement?
I started my claim against TC online on 27th May, it was registered on 28th May and TC have until 9th July to respond. So do I really have to sit and wait until then or can I do anything to hurry them along?
Can I contact the court and say about the similarities with Huzar and the ECs that TC are claiming on all our (pre-court) correspondence and ask for a decision on that basis? They have never actually told us what the 'alleged' ECs are!
I am in Belfast by the way but I am presuming that the law/precedent will be the same(Huzar). Thanks

On the court track, you have to wait for due process. Assuming NI is like the English system, if you started your claim at the end of May, the airline should have 28 days or thereabouts to submit a defence. A few weeks after that, you will be sent an allocation questionnaire to put the claim on the small claims track and your local court. Then in a couple of months you'll get a hearing date, probably for a couple of months hence, with instructions on when to exchange bundles and submit papers to the court. You're probably 5-6 months away from your hearing.

Alternatively, or rather simultaneously, you can write to the airline and say that - following Huzar CoA judgement - this is all absurd. Here's a chance to settle before you incur further fees. You'll even waive interest in order to induce a quick settlement. And see what they say.

They may prefer to wait to see if the Supreme Court picks it up, before they throw in the towel. That's probably what I'd do if I were them!

edtheduck_2

thank you, yes the 9th July actually works out at 6 weeks for them which is quite long I thought.
I have nothing to lose I suppose by writing to them. I will do up a letter this evening and also post it on their online forum....I will still obviously want to reclaim the £70 court fee, but as you've suggested waive the interest, though it is reasonably hefty at £135 but I hear you!
Will let the court process runs its course in the meantime.

edtheduck_2

I see their forum seems to have closed down now?!?

edtheduck_2

OK, so I've written this to send off to them, Any comments from anyone please?


Dear Sir/Madam
We write to you re compensation under EU Regulation 261/2004 for a flight delay of xx hours that we suffered on xx xxxxxxxxx xxxx.

We recently commenced court action against (you) Thomas Cook, in order to get our rightfully owed compensation and await the next stage in the proceedings.
As you will be aware there has been a major development in circumstances where airlines claim ’extraordinary circumstances’ as a defence for not paying flight delay compensation i.e. the JET2.COM LIMITED v RONALD HUZAR case.
On 11th June 2014, judgement by the Court of Appeal in this case, held that the defence of ‘extraordinary circumstances’ does not apply and this judgement sets precedent case law.
We write to you today, to give you a chance to settle our claim forthwith in order to avoid you incurring further fees/costs associated with a court case.

Our Claim for: £ xxxx

Interest: £ xxxx
The Court Fee: £ xx
Total: £ xxxx

We look forward to hearing from you, but in the meantime, the court proceedings will continue until full and final settlement has been received. We will accept our compensation in the form of a cheque, made payable to xxxxx xxxxxxxxxxxx.

dxc_chappie

edtheduck wrote: »

OK, so I've written this to send off to them, Any comments from anyone please?


Dear Sir/Madam
We write to you re compensation under EU Regulation 261/2004 for a flight delay of xx hours that we suffered on xx xxxxxxxxx xxxx.

We recently commenced court action against (you) Thomas Cook, in order to get our rightfully owed compensation and await the next stage in the proceedings.
As you will be aware there has been a major development in circumstances where airlines claim ’extraordinary circumstances’ as a defence for not paying flight delay compensation i.e. the JET2.COM LIMITED v RONALD HUZAR case.
On 11th June 2014, judgement by the Court of Appeal in this case, held that the defence of ‘extraordinary circumstances’ does not apply and this judgement sets precedent case law.
We write to you today, to give you a chance to settle our claim forthwith in order to avoid you incurring further fees/costs associated with a court case.

Our Claim for: £ xxxx

Interest: £ xxxx
The Court Fee: £ xx
Total: £ xxxx

We look forward to hearing from you, but in the meantime, the court proceedings will continue until full and final settlement has been received. We will accept our compensation in the form of a cheque, made payable to xxxxx xxxxxxxxxxxx.

Just one: make sure you mark the letter "Without prejudice".