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Flight delay and cancellation compensation, Thomas Cook ONLY

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Comments

  • Star9272
    Star9272 Posts: 99 Forumite
    PPI Party Pooper
    Am I being fobbed off again for a request to re open my claim?

    Thomas Cook are now reviewing the recent decision by the Supreme Court to fully understand the outcome of the hearing. We will post an update on our website advising customers of how to proceed in due course.
  • reidy100_2
    reidy100_2 Posts: 119 Forumite
    edited 4 November 2014 at 11:10PM
    Star9272 wrote: »
    Am I being fobbed off again for a request to re open my claim?

    Thomas Cook are now reviewing the recent decision by the Supreme Court to fully understand the outcome of the hearing. We will post an update on our website advising customers of how to proceed in due course.
    Thats what I said a few posts ago, you are still on delay and will need to check the website regularly, now if you take them to court, not sure what a judge will think of their tactics after the refusal of appeal.:) What would be nice would be for someone whose case has been stayed to get it unstayed because of the refusal of the appeal and see how it goes.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    Star9272 wrote: »
    Am I being fobbed off again for a request to re open my claim?

    Do bears defecate in woodland areas?
  • Star9272
    Star9272 Posts: 99 Forumite
    PPI Party Pooper
    Vauban wrote: »
    Do bears defecate in woodland areas?

    Thought so thanks:)
  • I just thought I would update the thread on the outcome of my claim. Just to recap, I raised the matter with the AESA (Spanish equivalent of the CAA) and they said that compensation was due. Thomas Cook still rejected it and so I took it to the small claims court. We got to 14 days before the hearing (after I had prepared and distributed my 'paginated bundle' for it) and they finally agreed to settle the claim in full. It took a few weeks to get the money but it did come through in the end. Just shows you have to call their bluff I think. Good luck to everyone still fighting for it.
  • Firstly I want to say thank you for doing a seperate forum for the Thomas cook as its easier to read through!

    My complaint about Tomas cook

    7 of us went to Benidorm on 29th September 2012 for 1 week flying from Manchester terminal 1.
    Flight number TCX2312 was due at 6.45am.
    Checked in, got told there's an airport delay till 9.20am.
    Boarded the plane around 9.10am, took off and got so high to be told we need to land back at Manchester due to a technical fault, the pilot had the oxygen mask on saying he can smell oil/fuel through the oxygen mask. Had to have an emergency landing, got told engineers need to come and take a look, 30 mins later got told we have to get off the plane into the departure lounge where we would be given £8 meal vouchers each and there's another plane to take off at 1.40pm.

    During this time they did not give me my baby's pushchair back and she was very tired so we had to carry her everywhere.

    We finally took off again at 2.04pm (according to flight stats)
    We was 7 hours and 19 mins delayed.

    When I got home on 6th October 2012, I decided to write to Thomas cook, as I just posted the letter off I realised that I was entitled to claim compensation.
    I did my research and found out that its 1670 km to Alicante from Manchester. We was over 3 hours delayed so we should be entitle to £320 (€400 each) there was 4 adults and 2 children and an infant in the party.


    This is what I have done so far!

    5 Oct - Got a letter when on the transfer coach to Alicante airport saying the reason why we had the delay they say 'due to an unforeseen operationally significant defect which required rectification prior to further flight'

    10 Oct - Once home and unpacked I wrote my first letter to Thomas Cook.

    5 Nov - Letter from Thomas Cook saying they are reviewing the case and we will get back to you shortly.

    13 Nov - Letter from Thomas Cook giving me a letter of apology. So I wasn't happy with this.

    27 Nov - I used the Template letter from the MSE to write back to the airline saying I will give them 14 days to reply or I will start court proceedings. I also photo copied all the paperwork they needed and sent with the letter.

    30 Nov - A letter of acknowledgement receipt of further communication. Give us 28 days to reply.

    5 Dec - Used the Template letter in MSE to email the CAA. Followed with all paperwork.

    16 Dec - Email reply from CAA saying they have been in touch with Thomas Cook and they are saying 'extraordinary Circumstances' but we will write to them again for a second opinion. If they say the same then there is nothing we can do to help you. This could take months rather then weeks.

    29 Dec - Emailed Thomas Cook as the 28 days was up.

    6 Jan 13 - Email back from Thomas Cook Customer Relations Department, saying that they are still reviewing the case and contacting other company's and I should be hearing from them shortly

    As of today 12/1/13 I am still waiting. I am not building my hopes up on this. If I am honest I would be happy with Holiday Vouchers as this is what I paid half of the holiday with because I have a disabled son so the vouchers came from 'Family Fund'
    This was a first time fly for me and my 3 children.
    Yes I would fly with Thomas Cook again.

    If I hear anything else from either the CAA or Thomas Cook then I will update.



    Thinking of starting this claim again now that I have heard about the high court. I have found all my paperwork but since the holiday I have got married and changed address and numbers, so really need to write to them. has anyone got and address for Thomas Cook as the one I have is an old address...


    I have since found a letter which got given to me on the return home on transfer, they say that we was delayed due to 'An unforeseen operationally significant defect'


    Has anyone managed to get compensation from this flight?
  • mike0090
    mike0090 Posts: 25 Forumite
    Hi guys advice would be welcome,

    I claimed for compensation a few months back for a flight that was delayed last year. TC emailed me saying they can confirm the flight was delayed due to a technical fault and were awaiting the outcome of the Huzar v Jet 2 case.
    Anyway after the supreme courts decision to dismiss the appeal I emailed them back asking them to reponen the case, they responded basically fobbing me off saying they will look in to the courts decision and will post their take on their website.
    Should I be patient and wait or should I go to the Caa or take legal action?
  • I see TC have now updated the info on their site when you select EU follow up from the complaints section of their site:

    It says,

    We are very sorry that your flight was delayed and the inconvenience that this may have caused you.

    We recognise the recent decision of the Supreme Court on 31st October in the Huzar vs. Jet2.com case. This ruling confirmed that a number of technical incidents leading to flight delays can no longer be classified as extraordinary circumstances. This is different to previous guidance from the CAA and other national enforcement bodies. In accordance with CAA guidance, this applies with immediate effect in the UK, but is not binding on flights departing from other EU countries (http://www.caa.co.uk).

    We accept this new decision and we will now review all our cases in light of this change.

    Due to the high workload that we are now experiencing, we would like to apologise in advance for any delay in responding to your claim and would ask that you please bear with us. We will try to reduce our response times to acceptable levels as soon as possible

    I had emailed them yesterday saying I look forward to speedy receipt of all my compnsation plus court fees plus 2 yrs+ interest :-)
  • Collr
    Collr Posts: 8 Forumite
    edited 7 December 2014 at 8:54PM
    Hi was due to fly to Cancun July 11th 2013 9.15 am from Manchester Airport.it was delayed over an hour we eventually set off 4 hours into the flight they said we had to turn back to Manchester because of technical fault we arrived back to Manchester airport everyone had to get off and wait in the cafe till 6.12pm we then boarded again to cancun and arrived at the hotel around 1am the next day. so it was about a 9 hour delay with a voucher for£12 for food and drinks. I have been on the Thomas cook complaints page and quoted the EU reg261/2004 I then filled in my details of the journey and they say they will get in touch with me, is this all I need to do or should I do something else. Contacted TC on the 11/11/14 they are looking into it gave me a ref number and 28 days so that they can investigate my claim. Not heard anything yet as of 7/12/14 going to ring them see what's going on.
  • mike0090 wrote: »
    will post their take on their website.
    Would be nice to know which website they are referring too??
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