Flight delay and cancellation compensation, Thomas Cook ONLY

nilequeen

Flight TCX513K Manchester to Luxor 20th October 2010
Hi I am hoping anybody else who was on the above mentioned flight, to post on this thread please.
I complained to Thomas Cook in July 2013 and in August they told me my delay was shorter than that specified in the EU Regulation to claim for flight delay. This is outrageous, my flight was delayed four hours when I checked in on the day, I was given a £4 voucher for refreshment and a note to say flight was delayed. I since cannot find that note having searched and still searching.
Thomas cook palmed me off on the CAA, who I wrote to in October 2013 and they only just replied to me yesterday, to say because the delay was only three hours they could not help me and advised me to go to court.
Why do they all want tossing from the same hymn book and why are they effectively calling me a liar? I would not make a flight delay up, I have flown several times since with TC and others and have never claimed such a thing. I can`t find my boarding pass either,I usually keep them, but do have my invoice. I did ring Customer relations today and asked them to send me a proof of flying but they said they don`t keep such details only no shows, people that didn`t turn up for the flight that day.
I am thinking of going to court but am being told delay wasn`t long enough by both parties, so how would I fare on court?
I hope someone, who was on that flight can come forward. I feel strongly about this.

Alan_Bowen

You have to show your arrival, not departure was delayed by more than 3 hours, they are saying categorically that it wasn't. You could check https://www.flightstats.com and see what they say but if your arrival was 2 hr 59 minutes late, you don't have a claim. If it was 3 hr 5 minutes late, you may have a claim

Caz3121

Flightstats does not show the actual arrival time but shows a scheduled departure time of 10:00am and an actual departure time of 12:47pm so it shows that the flight departed less than 3 hours late. It would be unusual for a flight to become further delayed in the air
You can use one of the NWNF sites to check details as they hold records of actual arrival times and for your flight and date it shows
"Unfortunately, our data shows that no compensation-related issues occurred with this flight.
It's very unlikely that you will be successful in getting compensation. We recommend not pursuing your claim further."

This does seem to indicate that the arrival time was less than 3 hours

nilequeen

Hi Caz3121
I am not quite sure but was your post number5749 a reply to my post?
I am a newish poster so am a bit rusty.

Caz3121

nilequeen wrote: »

Hi Caz3121
I am not quite sure but was your post number5749 a reply to my post?
I am a newish poster so am a bit rusty.

Yes it was, the evidence available does seem to point to your flight having arrived less than 3 hours late

Ishmael

I was delayed on a Thomas Cook flight to Tenerife, for over 10 hours, in March 2012, after writing to Thomas Cook, twice, with no joy, I wrote to the CAA, who found in my favour, I then wrote to Thomas Cook, again, enclosing the CAA letter and requesting that they pay the compensation, they refused !(the CAA have no powers to force airlines into paying up).
Any suggestions welcomed.

111KAB

Ishmael wrote: »

Any suggestions welcomed.

Court I'm afraid - the CAA support letter should be included in your bundle if a hearing does occur however the Judge may well discount it for as you say the CAA have no legal jurisdiction.

nilequeen

Caz3121 wrote: »

Yes it was, the evidence available does seem to point to your flight having arrived less than 3 hours late

Hi Caz
So is your source and evidence 100% reliable enough for me to call it a day?
If it was you in my present situation, would you give up at this stage?
I thought Thomas Cook were just fobbing me off with inaccurate info,or maybe they revised the time so it looks kosher and nobody will claim compensation.
But surely if you leave four hours late you get to your destination four hours late, I know it was very late when we arrived and rushed into dinner and welcome meeting etc.
I just don`t know what to do.

Caz3121

nilequeen wrote: »

Hi Caz
So is your source and evidence 100% reliable enough for me to call it a day?
If it was you in my present situation, would you give up at this stage?
I thought Thomas Cook were just fobbing me off with inaccurate info,or maybe they revised the time so it looks kosher and nobody will claim compensation.
But surely if you leave four hours late you get to your destination four hours late, I know it was very late when we arrived and rushed into dinner and welcome meeting etc.
I just don`t know what to do.

Flightstats is usually accurate when there is data showing and shows a departure delay of 2 hours and 47 minutes
The NWNF companies have access to other data - I had a flight that did not show an arrival time on flightstats but by entering the flight data they were able to confirm that I should have a claim and was able to show the arrival time that they held for the flight.
If they are saying that there is no compensation due for your flight it seems that the data that they hold also confirms an arrival time of under 3 hours so they would not take the case on.
Unless you can find actual evidence that the flight landed over 3 hours late I cannot see you progressing this in court.
Thomas Cook appear to have information that it was under 3 hours arriving
Flightstats show that it left under 3 hours late
EuClaim data also implies that it arrived less than 3 hours late

Up to you whether you want to take this to court but unless you are 100% convinced all these data references are incorrect and can prove that the delay was over 3 hours I can only see this getting thrown out.

Personally I would maybe think that my memory from 4 years ago was not that great and it looks like the delay was not as long as originally thought and give up

nilequeen

Caz3121 wrote: »

Flightstats is usually accurate when there is data showing and shows a departure delay of 2 hours and 47 minutes
The NWNF companies have access to other data - I had a flight that did not show an arrival time on flightstats but by entering the flight data they were able to confirm that I should have a claim and was able to show the arrival time that they held for the flight.
If they are saying that there is no compensation due for your flight it seems that the data that they hold also confirms an arrival time of under 3 hours so they would not take the case on.
Unless you can find actual evidence that the flight landed over 3 hours late I cannot see you progressing this in court.
Thomas Cook appear to have information that it was under 3 hours arriving
Flightstats show that it left under 3 hours late
EuClaim data also implies that it arrived less than 3 hours late

Up to you whether you want to take this to court but unless you are 100% convinced all these data references are incorrect and can prove that the delay was over 3 hours I can only see this getting thrown out.

Personally I would maybe think that my memory from 4 years ago was not that great and it looks like the delay was not as long as originally thought and give up

Thanks Caz.
I was just going of the specific wording on the note given to me ath time and of course what check in told me and they did say four hour delay.
Do you think i could go for ordinary compensation not under Eu ruling? I am also wandering why TC referred me to CAA if there was no hope and why Caa are advising me to take it to court if they know i can`t get anywhere?
i must admit I can`t remember the exact time I landed, but the rep was a bit jittery and kept frogmarching us around, pushing us into the dining room and then into bar, not allowing us even to change for dinner!