Flight delay and cancellation compensation, Thomas Cook ONLY

chili2001

kimk.1 wrote: »

We have now heard from the Solicitors for Thomas Cook who have filed their defence to the court. They have stated that the delay was down to an engine fuel filter clog on a subsequent flight which then lead to the delay on ours. They have asked us to agree to our claim being stayed as the court will most likely agree to this until the outcome of the Jet2 case? Should I agree to this or make them file a request to the court?

Personally I would make it as difficult as possible for them. Your delay was caused by a knock on effect which isn't extraordinary and isn't a tech fault rendering the Huzar appeal judgement obsolete.

endaf

Hi beanie65. funnily enough i was on due to fly on that same flight, what a total disaster of a day! farce from start to finish.
ive not long put in my complaint letter to Thomas Cook, havent heard anything yet, im already assuming they wont pay out but im so angry at the lack of customer service that i'll take it as far as its needs to get them to admit fault.
would be great if we could keep in touch either on here or private messages etc as id be really interested if TC treat all of the people the same & whether they'll pay some & not others etc.
if theres enough of us maybe even start a class action against them?!
did you end up flying in the end? i gave up the whole holiday after being told after 18 hours in the airport that they will "try" to get us on a flight at "some point " the next day. told them to stuff it & drove the 4 hours home to get back into bed exactly 24 hours after id left it!!!
im still fuming about that day!

beanie65 wrote: »

We were due to depart on 24/6/14 at 13:50pm, initially our flight was delayed 2 hours due to the French ATC strikes. We boarded the plane around 4pm with the captain welcoming us all on board, giving us the expected flight times etc. Five mins later he tells us there is a fault and we should be ready to go shortly, then he comes back and tells us we have to disembark the plane. Off we all get with a view to the fault being fixed and us reboarding ASAP. Wrong!!! TC were not forthcoming with answers, they found a new flight crew, told us the part was on its way, by 22:30 still no answers they just kept fobbing us all off, by 23:45 they told us that we would not be flying and our flight had been rescheduled for 25/6/14 at 13:50! We chose to stay at the airport as the nearest hotel they could put us all up in was in Folkestone! The people who went to the hotel didn't arrive until 2am and had to leave again by am to get back to the airport! We checked in and an hour before our flight was due it was delayed again! We eventually took off at 15:20pm on 25/6. I have written a letter to TC and emailed it to them via their online complaints department. However some of the other passengers also did the same thing and one of them has contacted me today to say that they have had an email from TC stating they are not entitled to compensation? We did receive a cheque for £200 upon our return from holiday as a good will gesture but we have not cashed it and I have also stated in my letter that I will not be doing so until my compensation claim has been completed. Any advice would be greatly received.

111KAB

batman44 wrote: »

they will get the stay no matter what you do, this seems to be the norm now. If they fail, airlines will pay up before the hearing and hey guess what? they don't pay the interest!

Whilst it is the norm it is definitely not 100% and indeed Bott & Co have just reported their best month (July) so far, and with 6 working days to go, they have settled their 500th monthly case - many after court action. You must ensure the Court agree to a stay and not just rely upon the airline requesting you or indeed the court.

batman44

111KAB wrote: »

Whilst it is the norm it is definitely not 100% and indeed Bott & Co have just reported their best month (July) so far, and with 6 working days to go, they have settled their 500th monthly case - many after court action. You must ensure the Court agree to a stay and not just rely upon the airline requesting you or indeed the court.

The solicitors acting for TC requested a further stay pending the SC, I objected quoting why based on Bott & Co reasons and the Huzar appeal, but the judge's directions were having taken into account both parties pleas and with the overiding objective in mind the case was stayed.

kimk.1

Would they be liable to pay interest? I put this in the claim form but they have responded in the defence "it is denied that there is any contingent entitlement to interest in this case....."

111KAB wrote: »

I would agree to it so long as they provide documentary evidence that the Court concur with this proposal. You may wish to mention that your interest charges due to non payment are clocking up from the date of the delay!

kimk.1

I have emailed confirming that I do not agree to a stay so we will see what happens. I will update accordingly. On a separate note, their defence was full of holes, stating that I had not made previous contact (many emails have been sent over the last year), stating that I may need to contact the CAA (already done this) and had the flight route wrong.

David_e

kimk.1 wrote: »

stating that I may need to contact the CAA (already done this).

I've seen nothing to suggest that the CAA have any part to play in the legal process (they didn't in mine). The airline really are making it up as they go along!

111KAB

kimk.1 wrote: »

Would they be liable to pay interest? I put this in the claim form but they have responded in the defence "it is denied that there is any contingent entitlement to interest in this case....."

Whether interest is charged and at what rate is left to the Judge to decide ie discretionary however there is every chance when the airlines finally see they have no escape route that they will try and settle 'out of court' thus alleviating any interest levy and their own defence costs. There is a school of thought indicating that the 261/2004 payment is due from the date of delay and in effect if the airlines pay up just prior to a court hearing then they have benefitted by hanging onto your money for the interim period and therefore you are entitled to an interest payment ..... just try to get it!

dk250

Good evening, after submitting my claim to thomas cook I was awarded £982 in the form of a voucher. After reading this forum I then contacted thomas cook to insist I had cash instead. I was promised last Wednesday 16th July that this would be paid into my bank account within 7 days and I gave the subsequent bank details. Today there was no payment in my bank so I recontacted thomas cook to find out where it was. At this point I was informed that I should have received an email informing me I was no longer entitled to any compensation due to the fact I was travelling on a staff booking. I hadn't received anything but the below email (3rd one below)was re sent. My argument is that they had a full 28days to fully investigate this claim and have emailed me informing me that an investigation had been carried out and that I was entitled to compensation. Only when I pushed for a cash alternative was this new information presented. Does any written offer not have to be honoured? The error is not my fault? Below are all emails I have received. Any help /advice greatly appreciated

1) 4th July 2014

Dear Mr K

Thank you for contacting us about your flight.

I am sorry that your flight with us was delayed and for any inconvenience that this must have caused you. We work really hard to ensure that when a flight is delayed the disruption caused is kept to an absolute minimum.

There are a number of factors that can contribute to a delay that have to be considered, such as Airport Authorities or Air Traffic Control, before an up to date departure time can be secured. As soon as confirmed information becomes available we commit to telling our customers at the airport or in resort.

A full investigation has been carried out to find out what the cause of the delay was and under EU Regulation 261/2004 compensation is payable on this occasion.

I have arranged for a voucher to the value of £982.00 to be sent to you to use on your next holiday. This equates to €600 per person as outlined in the regulation. This payment is in full and final settlement for everyone on your booking.

The on-time performance of your flight is as important to us as it is to you, thank you for contacting us and we look forward to welcoming you to travel with us again soon.

Kind Regards

Customer Relations

2) 4th July 2014

Dear Mr K

Thank you for taking the time to give us your feedback.

I am really pleased to be sending you a holiday voucher to the value of £982.00 as full and final settlement for everyone on your booking.

Your voucher can be applied to an existing or new Thomas Cook holiday, and full instructions on how to use it are included.

Thank you for sharing your valued comments and taking the time to contact us. I do hope that we will have the pleasure of your company again soon.

Kind regards

Customer Services

3) 23rd July 2014

Dear Mr K,

Thank you for contacting us again regarding your flight delay.

Another full investigation has been carried out and I see that you travelled using an Employee Concession (Discount). As a result of this Thomas Cook are unable to proceed with your claim as you travelled at a reduced fare not available directly or indirectly to the public which is outlined in EU Regulation 261/2004.

I do apologise that this was not picked up on earlier when our investigation began, the compensation should never have been offered to you. That is a mistake our our part and I am deeply sorry for that.


Kind Regards,

Customer Relations

dk250

Good evening, after submitting my claim to thomas cook I was awarded £982 in the form of a voucher. After reading this forum I then contacted thomas cook to insist I had cash instead. I was promised last Wednesday 16th July that this would be paid into my bank account within 7 days and I gave the subsequent bank details. Today there was no payment in my bank so I recontacted thomas cook to find out where it was. At this point I was informed that I should have received an email informing me I was no longer entitled to any compensation due to the fact I was travelling on a staff booking. I hadn't received anything but the below email (3rd one below)was re sent. My argument is that they had a full 28days to fully investigate this claim and have emailed me informing me that an investigation had been carried out and that I was entitled to compensation. Only when I pushed for a cash alternative was this new information presented. Does any written offer not have to be honoured? The error is not my fault? Below are all emails I have received. Any help /advice greatly appreciated

1) 4th July 2014

Dear Mr K

Thank you for contacting us about your flight.

I am sorry that your flight with us was delayed and for any inconvenience that this must have caused you. We work really hard to ensure that when a flight is delayed the disruption caused is kept to an absolute minimum.

There are a number of factors that can contribute to a delay that have to be considered, such as Airport Authorities or Air Traffic Control, before an up to date departure time can be secured. As soon as confirmed information becomes available we commit to telling our customers at the airport or in resort.

A full investigation has been carried out to find out what the cause of the delay was and under EU Regulation 261/2004 compensation is payable on this occasion.

I have arranged for a voucher to the value of £982.00 to be sent to you to use on your next holiday. This equates to €600 per person as outlined in the regulation. This payment is in full and final settlement for everyone on your booking.

The on-time performance of your flight is as important to us as it is to you, thank you for contacting us and we look forward to welcoming you to travel with us again soon.

Kind Regards

Customer Relations

2) 4th July 2014

Dear Mr K

Thank you for taking the time to give us your feedback.

I am really pleased to be sending you a holiday voucher to the value of £982.00 as full and final settlement for everyone on your booking.

Your voucher can be applied to an existing or new Thomas Cook holiday, and full instructions on how to use it are included.

Thank you for sharing your valued comments and taking the time to contact us. I do hope that we will have the pleasure of your company again soon.

Kind regards

Customer Services

3) 23rd July 2014

Dear Mr K,

Thank you for contacting us again regarding your flight delay.

Another full investigation has been carried out and I see that you travelled using an Employee Concession (Discount). As a result of this Thomas Cook are unable to proceed with your claim as you travelled at a reduced fare not available directly or indirectly to the public which is outlined in EU Regulation 261/2004.

I do apologise that this was not picked up on earlier when our investigation began, the compensation should never have been offered to you. That is a mistake our our part and I am deeply sorry for that.


Kind Regards,

Customer Relations