Flight delay and cancellation compensation, Thomas Cook ONLY

dunkertruck

batman44 wrote: »

Do NOT use Thomas Cook or Thomas Cook Retail

You will need to send it to-

Thomas Cook Airlines Limited
Thomas Cook Business Park
Coningsby Road
Peterborough
PE 8SB


No doubt they will then send it on to the solicitors or pay out.

Hi Batman, do you (or anyone) have an email address for this process also?

Im sending my NBA letter off on Friday as I have already given them 10 days to respond.

Thanks

cpa541

batman44 wrote: »

Do NOT use Thomas Cook or Thomas Cook Retail

You will need to send it to-

Thomas Cook Airlines Limited
Thomas Cook Business Park
Coningsby Road
Peterborough
PE 8SB


No doubt they will then send it on to the solicitors or pay out.

---

This is an interesting point that all you legally minded people (with or without nice hats) can perhaps clarify. I am nearing the end of court proceedings with Thomas Cook. I originally started court action against Thomas Cook Retail Ltd and Thomas Cook Tour Operations Ltd as these were the company names that appeared on my original e mail booking confirmation. (i.e. I considered my contract was with them). In their original written defence Thomas Cook stated that the correct defendant details are Thomas Cook Airlines Ltd. This is a company I have not heard of before or had any dealings with. If Thomas Cook Airlines Ltd decided that all this compensation payout was too much for them and decided to liquidate the company who would my claim be against?
If this process of claiming that the defendant is a different Limited company what's to stop any unscrupulous defendant transferring the proceedings to another Limited company that has no assets?

Vauban

The Regulation can only ever apply to an airline who operated the flight. Travel agents and others are not liable.

So what you are asking is can an airline purposefully dissolve itself in order to be rid of existing liabilities. I am not a lawyer, but I understand the short answer is no and that it's illegal for any business to do this.

I hope you were permitted to change the Defendant during court proceedings, because suing Thomas Cook Retail would permit them an absolute defence!

batman44

cpa541 wrote: »

---

This is an interesting point that all you legally minded people (with or without nice hats) can perhaps clarify. I am nearing the end of court proceedings with Thomas Cook. I originally started court action against Thomas Cook Retail Ltd and Thomas Cook Tour Operations Ltd as these were the company names that appeared on my original e mail booking confirmation. (i.e. I considered my contract was with them). In their original written defence Thomas Cook stated that the correct defendant details are Thomas Cook Airlines Ltd. This is a company I have not heard of before or had any dealings with. If Thomas Cook Airlines Ltd decided that all this compensation payout was too much for them and decided to liquidate the company who would my claim be against?
If this process of claiming that the defendant is a different Limited company what's to stop any unscrupulous defendant transferring the proceedings to another Limited company that has no assets?

When i claimed i originally put in Thomas Cook, that was it. The solicitors advised the court that the defendant was named wrong and that it was Thomas Cook Airlines Ltd, I changed this on my claim form and it cost me £40 to amend. Your claim for delays will always be with the airline.

batman44

dunkertruck wrote: »

Hi Batman, do you (or anyone) have an email address for this process also?

Im sending my NBA letter off on Friday as I have already given them 10 days to respond.

Thanks

No idea what the email address is as i am dealing with the solicitors of TC after sending my claim to the address given above.

bigdogg

bigdogg wrote: »

(Ohh are the CAA friends again?)

What's with the attitude are we not all in the same fight?

Apologies Novice Angel, in the first post I thought you were saying I was all friendly with the CAA. Now I have read it over a few times I was well on the wrong track.

:beer:

bigdogg

Has anyone had any further contact from Weightmans since the SC decision. I know they were waiting for further instructions from TC but that was over two weeks ago and I have had no further contact from them or the courts even after emailing and lettering them both.

Dronnydave

Don't know if I have just been very lucky, but I have found Thomas Cook very easy and simple to deal with.
Initially submitted a claim via email for a 4 hour delay to Corfu in May of this year. My claim was dismissed as they claimed they were not liable to pay compensation as it was a technical fault. Following the Jet2 v Huzar court decision at the end of October I emailed them again to request that they re-consider my claim.
After a wait of three weeks I have just received an email to say that they have agreed my claim and have sent me a voucher for the equivalent of 800 euro's.
It would appear that as far as Thomas Cook are concerned, if you have a genuine claim, then they are settling straight away.
Now if Small Planet were as accomodating, then I would be a really happy bunny.:j

Superhorn

Finally an offer from TC 600 Euros x 2 plus 8% interest and full refund of court costs.


We were delayed in Dec 2008 and have been part of the court system since January 2010. Our case had been stayed since May 2010 (TUI / Huzar and then SC) and think we were possibly one of the first to take to court EC Reg for delay over 3hrs following the Sturgeon case decision in Nov 2009.


Our technical fault was a Spoiler needed replacing (Wear & Tear) and TC must have spent £1000's on an expensive barrister and staff costs. They even brought 6 members of staff to the first hearing in April 2010 including the captain of the aircraft who fell asleep during proceedings. They somehow won the first hearing and TC defended the case under the Montreal Convention (kid you not) An appeal was granted and then we were affected by the 'stay' in all cases.


Almost 6 years later and boom some sense at last. Although no day in court of which I was looking forward to (20 page speech prepared) the amount offered would not be any more if put in front of a DJ.


I knew my interpretation of EC Reg 261/2004 was right from the very start following Sturgeon. Thank you Mr Sturgeon.


RESULT. Keep going.

HellyB

Superhorn wrote: »

Finally an offer from TC 600 Euros x 2 plus 8% interest and full refund of court costs.


We were delayed in Dec 2008 and have been part of the court system since January 2010. Our case had been stayed since May 2010 (TUI / Huzar and then SC) and think we were possibly one of the first to take to court EC Reg for delay over 3hrs following the Sturgeon case decision in Nov 2009.


Our technical fault was a Spoiler needed replacing (Wear & Tear) and TC must have spent £1000's on an expensive barrister and staff costs. They even brought 6 members of staff to the first hearing in April 2010 including the captain of the aircraft who fell asleep during proceedings. They somehow won the first hearing and TC defended the case under the Montreal Convention (kid you not) An appeal was granted and then we were affected by the 'stay' in all cases.


Almost 6 years later and boom some sense at last. Although no day in court of which I was looking forward to (20 page speech prepared) the amount offered would not be any more if put in front of a DJ.


I knew my interpretation of EC Reg 261/2004 was right from the very start following Sturgeon. Thank you Mr Sturgeon.


RESULT. Keep going.

Excellent result. Well done for persisting so long. There is hope for us all :beer: