Flight delay and cancellation compensation, Thomas Cook ONLY

edtheduck_2

thank you dxc_chappie, will just put that at the top above the Dear xxxx

andyb63uk

We went to The Gambia on 30th Jan 2010 from Manchester and the flight was delayed 6:32. we have no record of the Booking Reference but we have checked the FlightStats site to confirm the flight details.
I called Thomas Cook and they said they don't keep records that long and went through the motions of checking on the system and found nothing.
I have e-mailed the hotel we stayed at in the hope they may be able to help. Is there anything or anywhere else we can try to find that booking reference?

David_e

nickc wrote: »

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.

I'm not legally qualified but a charge of double what would have been payable looks like a penalty which (as I understand it) is not enforceable unless it's a pre-estimate of the likely loss through any alleged breach of contract by you. They clearly have not lost more than they would have received had the arrangment continued to a conclusion.

David_e

andyb63uk wrote: »

Is there anything or anywhere else we can try to find that booking reference?

Read the FAQs and use the search facility.

Mark2spark

dxc_chappie wrote: »

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

NO!!
Absolutely not!
Mark the letter 'OPEN OFFER'

You will want the opportunity to show the judge that you have made every effort to settle out of court and not waste the courts time.
BY THEM refusing this obvious offer, the court should not refuse the claim for interest in full, as their continuance was futile.

CHIVS123

Hi. I'm new to this and have tried to follow Martin's page regarding flight delays. I complained to Thomas Cook for a delayed flight of 5 1/2 hours Palma to Gatwick on 31/5/14. I've had email today stating 'The delay was due to unexpected safety issues' and compensation would not be payable. What does unexpected safety issues mean?????? We travelled home on an Air Greenland aircraft so TC aircraft obviously had something wrong with it. Help! What can I do now?? Any suggestions. Many thanks.

Mark2spark

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 an airline claimed that unexpected and unforeseen technical issues amount to ’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.

I've made some additions in red if you like?
I see you're not waiving the claim to interest though. IMO you should.
If you decide to, then add that into the letter, after the giving them a chance to avoid further fees bit
I offer you, in full and final settlement, the opportunity to not pay the claimed interest, by pursuing a fruitless case to a final hearing.

I'm assuming that your case is defended by TC on the basis of tech issues btw ?

Mark2spark

CHIVS123 wrote: »

Hi. I'm new to this and have tried to follow Martin's page regarding flight delays. I complained to Thomas Cook for a delayed flight of 5 1/2 hours Palma to Gatwick on 31/5/14. I've had email today stating 'The delay was due to unexpected safety issues' and compensation would not be payable. What does unexpected safety issues mean?????? We travelled home on an Air Greenland aircraft so TC aircraft obviously had something wrong with it. Help! What can I do now?? Any suggestions. Many thanks.

It means, we are lying to you in the hope that you'll go away and forget the claim, as there is no punishment for us to lie and lie and lie about this, and deny you your rightful compensation.

In the FAQ's on page one there is the process outlined for instigating court action. Basically write to them and say they have 14 days to settle or you are going to go to court, as their claim to safety issues is untrue. And then go straight to court via MCOL or by the paperwork route if the claim is for more than one person.
All in the FAQ's

andyb63uk

David_e wrote: »

Read the FAQs and use the search facility.

Very helpful, thanks!!!

Mark2spark

andyb63uk wrote: »

We went to The Gambia on 30th Jan 2010 from Manchester and the flight was delayed 6:32. we have no record of the Booking Reference but we have checked the FlightStats site to confirm the flight details.
I called Thomas Cook and they said they don't keep records that long and went through the motions of checking on the system and found nothing.
I have e-mailed the hotel we stayed at in the hope they may be able to help. Is there anything or anywhere else we can try to find that booking reference?

You know the date of travel, it appears that TC was the airline... so just instigate the claim without the flight number?
You'll need some proof that you 'purchased a service' though... credit card records?