Flight delay and cancellation compensation, Thomas Cook ONLY

bargain_seeker

I hope other people might be inspired and encouraged by a success story as so many people seem to have problems with their claims for flight delay compensation.
I used the MSE template letter to put in a claim to Thomas Cook. My flight delay occurred in 2011 and was an 8 hour delay. The only evidence I had was the flight number, date and booking reference, which was given to me by a lady in my local Thomas Cook store.
2 months after posting my letter, I have received almost £1300 compensation for all 4 members of my family. I was originally sent a travel voucher but refused this and the money has been paid into my bank account.:j
I had no arguments or excuses from the company at all and would like to encourage people to 'have a go'. If the cause of your delay was covered by the EU legislation, it is definitely worth having a go. Good luck!

teejay73

Had a good day! Spoke with Thomas Cook and I should have the cash in my account within 10 working days, so that was great.
I then had this E-mail from Bott and Co.

mr **********,

We have investigated the circumstances surrounding your claim and we are pleased to advise that we are happy to represent you on a no-win-no-fee basis.

Next we will be writing to the airline in order to present the claim to them and you will receive a further email to let you know once this has been done.

In the meantime we will be sending you our standard terms and conditions document (by email) and we would be grateful if you could electronically sign them as soon as possible.

We can confirm that we work entirely on a no-win-no-fee basis and it is only if we are successful that we will charge 25 Euros + 27% of the compensation awarded.

We can see that you've submitted a claim for 2 passengers, if you intended on claiming for anybody else then please provide us with their name, date of birth and email address so we can include them in the claim.

Kind Regards,

Bott & Co

We also can recover compensation if you've been ill while on holiday or had an accident abroad. Call 01625 415850 to speak to our specialist legal team or visit https://www.bottonline.co.uk to fill out a claim form and we'll call you back.

So I rang them, and they just cancelled the request, so I know have the full £654.00....Wife will be happy . thanks to all on here, who have provided me with so much information!!

Banjoblue

Got the email below. Telephoned and said I didn't want the vouchers. Agreed to pay cash into my account within 10 days. £654 compensation for 7 hour delay. Mind you I did have to watch the World Cup final with an airport full of Germans......

:money:

Dear Mr

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 £654.00 to be sent to you to use on your next holiday. This equates to €400 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,

Ross Milne

Customer Relations

TurkeyFan

Bargain Hunter is very lucky! I emailed TC re our 6 hour flight delay in July, emailed them using Martin's letter template, on the 24th July and THIS is their reply....being slippery I think!!! ANY ADVICE???

We are writing in response to your most recent letter following your flight with Thomas Cook Airlines.


Firstly, we would like to extend our sincere apologies for the delay you experienced on your flight. Please be assured On Time Performance is a key measure for us, and we do work extremely hard to get our customers to their destination on time, and in the vast majority of cases this does happen. We do, however, regret the impact to your travel plans on this occasion.


We have carried out an investigation as to the cause of delay that you experienced and can confirm that this was due to a technical fault which was not inherent in the normal course of activity. A recent court case, Huzar vs Jet2, has been heard in the court of appeal, which has resulted in a change to how EC 261/2004 is interpreted, which is the Regulation that supports governance on compensation payments for flight delays. The decision of this case is due to be appealed at the Supreme Court by Jet2.com in the near future, which may result in a further change to the interpretation of regulations.


In view of this, Thomas Cook will be deferring a review of your case until such time as further clarification is received on the EC 261/2004 Regulations . We will continue to monitor any developments, and we will ensure an updated message is posted on our website with regard to our revised position following the outcome of the appeal. You will be required to re-approach us once the appeal has been heard and your case will then be reviewed against the appropriate guidelines.


Once again please accept our apologies for the delay to your flight, and I hope the above explains why we are unable to review your case at the present moment in time.



We the passengers were told it was due to 1. someone becoming ill and having to land in Manchester 2. The pilot was over his hours and had to be replaced...excuses but not a technical fault was mentioned...Help...what do I do now??
Thanks

Vauban

Read the first post in this forum, and the links therein. Or approach a No Win No Fee company.

sweety

Am i missing something here re the relevance of the Huzar case? (and i may be so forgive me ....)
Should the travel firm or airline send you the usual 'we are waiting for the outcome of the Huzar case etc etc...' then surely the route to go is via Small Claims Court, as the Huzar case precedent is legally binding in such a Court and the whole 'extraordinary debate' is irrelevant.
Not advocating this is the way to go for all but i have had the usual TCOOK we are awaiting outcome etc email and i can see no reason not to respond with a NBT and Small claim visit. Surely i cannot lose with a precedent already set? Can someone with a legal qualification care to comment, as my family would be extremely grateful.

Vauban

But Huzar is being appealed and, whilst that appeal remains live, the vast majority of judges are staying claims in the small claims court.

sweety

Thanks for the reply - but this is confusing me even more!!
The MSE Delay Guide clearly shows that the Huzar decision of June 2014 is legally binding on all courts below the Court of Appeal. On what grounds, with a valid precedent set (until revised) would a Judge decide to wait for what may or may not occur?
It is either legally binding or not, and if it isn't then the MSE Guide needs to reflect the fact.....(or am i missing something again).

Thanks for coming back to me.

111KAB

sweety - plenty of information on various threads if you search however this is probably an explanation to assist .... http://us2.campaign-archive2.com/?u=17cc323d39b9bce5e106cc4f0&id=5398000464&e=2bbccbfa17

sweety

Thanks 111KAB

I have just read through the Summary of the Huzar case on the BOTT website. The likely decision of the courts seems to be a stay or deferment until the likely Appeal from Jet2 et al. but whilst this might be the reality it still misses the fact that a precedent is already in place. Indeed on the BOTT website, in the Summary of the Huzar judgement, previously refused claimants are advised to claim again in the light of the precedent set!!!

In my own case i have requested an explanation of the exact nature of the technical fault which caused the delay before deciding on my next move. What caused the problem and was that cause out of the ordinary are the 2 defining issues which will determine whether a claim will be successful. Wear and tear is not an excuse airlines can successfully use for refusing a claim.

I cannot see how a Court can justify a stay with a clear precedent set and for quite specific reasons as summarised on the BOTT website.

Am i missing something again.......