Flight delay and cancellation compensation, Thomas Cook ONLY

spaceaarvark

111KAB wrote: »

... if Jet2 lose I expect the airlines may start to pay out before court cases in which case you may well lose your court fee and interest as no judge is going to thank you for bringing your case to court just to get fees and interest back if you have already been offered 261/2004 compensation.

Very good point!
I guess the sensible option is to wait for a favourable judgement and then go down the NBA route (and then wait, and wait - good job I'm patient!!)

warrior1234

Having no joy with Thomas Cook..... The story so far
Its been over a year now and they havent replied to any of my letters or emails.... Ive recently even sent an email to their CEO Heather Green.... still no reply.

Anyone on the Bodrum to Newcastle flight Sept 2012 with any info on their claim would be good to hear from you... below is my most recent email... next step if no reply is CAA


Dear Ms Green


First and foremost I apologise for having to bother you with something clearly not in your remit to have to deal with but im afraid that your Customer Service Department is sadly lacking at dealing with customer complaints and I feel I have no option but to bring this to your attention.

Briefly... In Sept 2012 my partner and I were delayed for well over 6 hours at Bodrum Airport with no customer support or information through the night. !I was made aware sometime later that we had a case for delayed flight compensation and subsequently contacted Thomas Cook by letter ( 22 Sept 2013 ) but received no reply or even acknowledgement. I followed up with an email to your Customer Service Department (!23 Oct 2013!) again no reply.


For quite a while now I have tried ringing several contact numbers for Thomas Cook but have had !to endure hours of piped music or been cut off before hearing a live human voice.


Two weeks ago, after another 2 hours of the telephone debacle, I revisited your website and came across the online form for flight delays which i have also filled in.... No reponse AGAIN.

!

I have enclosed my previous written email, letter and flight/booking information in the hope that my case can be at least looked at and acknowledged.


I thank you in advance for your consideration in this matter

111KAB

warrior1234 wrote: »

... next step if no reply is CAA

General recommendation is not to play letter ping pong as the only way to resolve is to commence court action. If you read threads you will also see that involving the CAA can be counter productive as they are useless as well.

reidy100_2

111KAB wrote: »

Check FAQ's > http://forums.moneysavingexpert.com/showpost.php?p=59705723&postcount=32

Got the address, but the NBA template link is dead.

111KAB

reidy100 wrote: »

Got the address, but the NBA template link is dead.

Basically a NBA (Notice Before Action) or LBA (Letter Before Action) is a simple letter from you to the airline explaining that if they don't pay you with xx days (14 days is the norm) then you will have no alternative than to submit a court claim. You should quote the number of passengers, the amount you expect to be paid, the date of travel and your flight number. The letter does not need to be sent recorded (although you can if you wish) but you should get a record of sending from your Post Office or email if you wish.


Basically you are giving the airline one final kick before you go for the jugular.


You should not use the letter as a threat or not go through with it ie if you send it mean it otherwise the airline will just think you are messing around.


I'm sure if you Googled you may come up with more specific wording however IMO the foregoing should suffice - others may correct me!

dxc_chappie

reidy100 wrote: »

Got the address, but the NBA template link is dead.

You will find template letters in the Flight Delay Compensation Guide linked from the sticky thread at the start of this forum.

donpaulit

Hi there, I was on the delayed

TCX6239 28 Sep 2013, Departure: Palma Mallorca 11:00, Arrival: Newcastle Intl 12:55

I have contacted TC but they gave me the standard response stating the following:

Having carried out a full investigation the specific circumstances surrounding the delay to your own flight were of a technical nature. These were extraordinary, in that Thomas Cook took all reasonable precautions necessary to avoid the situation, and despite our proactive measures the problem could not have been prevented. All our aircraft are maintained to a very high standard, in line with CAA regulations, however, despite these steps, mechanical failures can arise without prior warning.

However, having done a little bit of digging I found the following information:

Smartlynx A320 near Barcelona on Sep 28th 2013, hydraulic leak:

A Smartlynx Airbus A320-200 on behalf of Thomas Cook, registration YL-LCL performing flight MT-6239 from Palma Mallorca,SP (Spain) to Newcastle,EN (UK), was enroute at FL300 about 100nm eastsoutheast of Barcelona,SP (Spain) when the crew reported a hydraulic failure and decided to divert to Barcelona. The aircraft entered a hold at 4000 feet near Barcelona for about 40 minutes to burn off fuel before the aircraft landed safely on Barcelona's runway 25R with all gear doors open and using only the right hand thrust reverser about 80 minutes after leaving FL300. Emergency services reported fluid leaking from the aircraft.

The runway was closed for about one hour until the aircraft was towed off the runway.

They have claimed that this was exceptional circumstances but in their response refused to tell me the cause of the fault.

My questions are:
1) Does this qualify as exceptional circumstances?
2) Should I proceed with a NBA given that it appears some court cases are being stayed?

Any responses would be much appreciated.

David_e

donpaulit wrote: »

They have claimed that this was exceptional circumstances but in their response refused to tell me the cause of the fault.

My questions are:
1) Does this qualify as exceptional circumstances?
2) Should I proceed with a NBA given that it appears some court cases are being stayed?

Any responses would be much appreciated.

Read the FAQs which contain all you need to know including the current UK case law position. If you don't want to do that, speak to a no win no fee firm.

DavePoyser

Hi I was wondering if anyone else on the flight from bristol to dalaman that was delayed by more than 20 hours on the 28th june, had received any compensation.

i received an email today stating that they were reffering the decision until after the case against jet2 had been heard by the court of appeal.

surely this can't be right, even if it is to be heard by the appeals court the regulation still stands as of this moment?

Any ideas where I stand and where I should go from here?

Regards
Dave Poyser

111KAB

DavePoyser wrote: »

Any ideas where I stand and where I should go from here?

Huzar thread.