Flight delay and cancellation compensation, Thomas Cook ONLY

badbobby

jacksback wrote: »

TC issued an Acknowledgement of service on 18th February therefore the date for the defence would be 5th March.. There is no change to the status of my claim on MCOL,, should I be doing something,, there is nothing on the MCOL site to say.

Thanks

Mine was faxed by TC at about 4pm on the deadline day, although it was updated on MCOL that same day.

I'd apply for judgement straight away as it's just a couple of clicks.

As later said, it's most likely that the judge will not issue a judgement if they receive the defence in the next few days.

jacksback

Just logged back on to MCOL and they issued a defence today,, when do I find out what their defence is as they have already admitted one flight meets the requirements of the claim but won't tell me what the cause of the other delay was.

badbobby

jacksback wrote: »

Just logged back on to MCOL and they issued a defence today,, when do I find out what their defence is as they have already admitted one flight meets the requirements of the claim but won't tell me what the cause of the other delay was.

You will be sent a copy by the court and one directly by TC in the next couple of days.

Chances are the defence will not state the actual cause and will merely say that it was caused by an extraordinary circumstance outside of their control.

grazzzz

badbobby wrote: »

You will be sent a copy by the court and one directly by TC in the next couple of days.

Chances are the defence will not state the actual cause and will merely say that it was caused by an extraordinary circumstance outside of their control.

they love to hang it out
Has anyone actual won a court claim against them yet? except the guy who was in the Daily Mail?

How do we go about getting a separate list for people who have won at court ?

jacksback

badbobby wrote: »

You will be sent a copy by the court and one directly by TC in the next couple of days.

Chances are the defence will not state the actual cause and will merely say that it was caused by an extraordinary circumstance outside of their control.

Oh right so they never need to tell me what caused the delay as I have been asking for 2 years with no response! Surely as they have left me no option other than to take them to court as I was never told the cause this should be in my favour when it does go to court?

Why not just tell me the reason if they are prepared to go to court with it?? I may not have taken court action if they had??
Don't understand TC's reasoning.

Tortoiseshell

I have finally received a response from Thomas Cook. I'm not accepting this, they have not given a reason for the delay. See below.

07 March 2013

Dear xxxxxx,


Thank you for your e-mail today, I can confirm that after reassessing your case, we are now able to provide you with answers.

It is with regret that I note your flight with us was delayed. Whilst delays are an accepted part of air travel, I would like to assure you that a lot of work goes on behind the scenes to ensure that any disruption to our passengers is kept to an absolute minimum. When a delay is initially identified, it is not always immediately apparent as to when a revised take off time can be secured. A number of factors have to be considered, which can vary dependent on the reason for the delay, and quite often we are reliant on outside influences, such as Airport Authorities or Air Traffic Control. Throughout, however, as soon as confirmed information is available, this is passed onto our customers as quickly as possible through our handling agents at the airport.



Although delays are rare, they can arise for a number of different reasons, and having carried out a full investigation the specific circumstances surrounding the delay to your own flight were extraordinary, despite Thomas Cook taking all reasonable precautions necessary to prevent the situation.



I can see that customers were provided with welfare during the delay, in line with our obligations under EU Regulation 261/2004. As the events were defined as “extraordinary” no payment of compensation is considered appropriate in this case. Please be assured that on-time performance is a key measure for us as a business, and we constantly review our operations to ensure we deliver the best results, and service.



I would like to offer our apologies for any inconvenience you were caused on this occasion and I hope that despite this, your stay was found to be an enjoyable one.
Yours sincerely

Hannah Fouassier
Customer Relations Team
Customer Relations Executive

maghater

Have received a notice of change of solicitor from Thomas Cook
I sent them an email before filing my N149 pointing out that I had a letter from AESA (Spanish NEB) saying that TC had failed to prove EC and thus should shell out the compensation.
TC are standing behind their defence and say "ultimately it will be for the judge to decide whether or not the circumstances surrounding the delay were extraordinary" So they want to ignore the findings of the specialist NEB and put it all in the hands of a judge who will have little specialist knowledge in the case!

Tortoiseshell

Whilst on the trip, holiday representatives informed us that the reason for delay was due to mechanical failure (a fault with landing gear mechanism). However, Thomas Cook are claiming that the breakdown could not have been foreseen and therefore class this as 'extraordinary circumstances' - they are also refusing to provide further details of the cause and how they came to this conclusion.

Spoke to CAA this afternoon and have now forwarded everything on to them to look into. They said it will take 2-3 months due to a backlog.

daymouse

Hi,

Some advise would be great on what my next step needs to be as Ive just got a reply back which is a load of rubbish!

This is my letter I sent

I am writing regarding flight xxxx on xxxx from Manchester to Hurghada with the scheduled departure time of 9.00am. This flight arrived over 6 hour’s hours late at Hurghada.

The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

The passengers in the party were xxxx & xxxx.
[FONT=&quot] [/FONT]
[FONT=&quot]My scheduled flight length was 4140[/FONT][FONT=&quot] kilometer’s[/FONT][FONT=&quot]; therefore I am seeking €600 per delayed passenger in my party. The total is €1200 for all passengers.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court. [/FONT]

To which i got the following reply

[FONT=&quot]I am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]It is with regret that I note your flight with us was delayed. Whilst delays are an unfortunate part of air travel, I would like to assure you that a lot of work goes on behind the scenes to ensure that any disruption to our passengers is kept to an absolute minimum. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]When a delay is initially identified, it is not always immediately apparent as to when a revised take off time can be secured. A number of factors have to be considered, which can vary dependent on the reason for the delay, and quite often we are reliant on outside influences, such as Airport Authorities or Air Traffic Control. Throughout, however, as soon as confirmed information is available, this is passed onto our customers as quickly as possible through our handling agents at the airport. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Although delays do occur on occasion, they can arise for a number of different reasons, and having carried out a full investigation the specific circumstances surrounding the delay to your own flight were of a technical nature, which were extraordinary, despite Thomas Cook taking all reasonable precautions necessary to prevent the situation. All aircraft can experience technical problems that are totally unforeseen, despite all reasonable attempts to ensure they are maintained to a good standard, in line with CAA regulations. These situations can be compared to the maintenance of your own car, which can break down at any time without prior warning, regardless of its service history, and would be considered completely beyond the owners’ control.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I can see that passengers were provided with welfare during this time, which was deemed appropriate for the length of your delay. It is with regret to inform you that we will be unable to consider any claims for compensation as a result of the delay to your flight.[/FONT]

Some advice would be great

badbobby

grazzzz wrote: »

they love to hang it out
Has anyone actual won a court claim against them yet? except the guy who was in the Daily Mail?

How do we go about getting a separate list for people who have won at court ?

Given that the ruling was only made by the ECJ in October 2012, it's actually unlikely that anyone's been to court yet re TC. If you assume a month at least before you file the court claim, you'd still be waiting for a court date to be allocated.

The case to which you refer was initially submitted back in 2009 and was presumably halted whilst the matter was referred to the ECJ for clarifiaction.

So I'd wager that TC haven't even faced any other cases in court yet.