Flight delay and cancellation compensation, Thomas Cook ONLY

dunkertruck

111KAB wrote: »

DO NOT INVOLVE THE CAA - useless/worthless/toothless.

Read Vauban's excellent guide then issue 14 day NBA.

I've involved the CAA in my case. They also agreed, in their opinion, that TC were to issue to compensation to us.

Whilst we all know thats unenforceable surely it adds some clout to your case if you have to take it in front of a Judge?? That the CAA think an airline should pay you compensation is quite a trump card I wouldve thought?

laudan

We resubmitted our claim on 7th November after recently being turned down for a flight in 2010, got this reply today.

Following this review, under EU Regulation 261/2004 compensation is now payable for your claim. Due to the high workload that we are currently experiencing, I want to say sorry for the delay in issuing the compensation for your claim. You will receive the compensation within 28 days and the amount being paid will be confirmed on your payment confirmation email.

Shocked & over the moon

JPears

dunkertruck wrote: »

I've involved the CAA in my case. They also agreed, in their opinion, that TC were to issue to compensation to us.

Whilst we all know thats unenforceable surely it adds some clout to your case if you have to take it in front of a Judge?? That the CAA think an airline should pay you compensation is quite a trump card I wouldve thought?

Alas, the balance of probabilities is that CAA will likely side with their paymasters, not the consumer, so its a high risk double edged sword. You shouldn't need the feeble toothless "opinion" of CAA in court anyway.

111KAB

dunkertruck wrote: »

I've involved the CAA in my case. They also agreed, in their opinion, that TC were to issue to compensation to us.

Whilst we all know thats unenforceable surely it adds some clout to your case if you have to take it in front of a Judge?? That the CAA think an airline should pay you compensation is quite a trump card I wouldve thought?

Agreed but in the majority of cases they side with the people who pay their wages ie the airlines. So if you go to the CAA you run the risk of not getting their support plus they have no authority anyway.

Your thought that a Judge may take account of any CAA support is correct however the airline will go out of their way to advise the Judge that any CAA support has no legal standing and is, in no way, a trump card.

steveeo

Finally had a reply after 2months of nothing from TC. I did phone them yesterday and then 30mins later this email:

Unfortunately 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 you at the airport or in resort.

A full investigation has been carried out to find out what the cause of the delay was and we can see that the flight was delayed due to circumstances that were completely beyond our control. This investigation shows that the root cause of the delay was due to an operational decision.

On this occasion under EU Regulation 261/2004 compensation would not be payable.

This has been going on since August and I have 2 claims but am sick to death of the customer service just lying to me. First it was a technical fault now it's a operation decision but still no compensation under 216!

Do you think it's time for NWNF company?

111KAB

steveeo wrote: »

This investigation shows that the root cause of the delay was due to an operational decision.

Do you think it's time for NWNF company?

You have a valid case with the laws in your favour. Unless you decide to walk away the choice is yours between a NWNF or to undertake yourself. Airline are on a loser.

Vauban

By definition, an operational decision is something within the airline's control. Sweet Jesus, they're not even trying any more with their "get lost" missives ...

Time for court and to put an end to this nonsense ...

dunkertruck

steveeo wrote: »

Finally had a reply after 2months of nothing from TC. I did phone them yesterday and then 30mins later this email:

Unfortunately 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 you at the airport or in resort.

A full investigation has been carried out to find out what the cause of the delay was and we can see that the flight was delayed due to circumstances that were completely beyond our control. This investigation shows that the root cause of the delay was due to an operational decision.

On this occasion under EU Regulation 261/2004 compensation would not be payable.

This has been going on since August and I have 2 claims but am sick to death of the customer service just lying to me. First it was a technical fault now it's a operation decision but still no compensation under 216!

Do you think it's time for NWNF company?

I'm in exactly the same boat (plane) as you... After advice from people on here me and my family have decided to go with Botts. The majority voted to go that route as there are 12 of us claiming.

Emailed Botts with details and the very same day they got back to me asking for all the details and they were happy to take it on. Not surprised really... its 12 people x full €600!!

Whilst I think (and others on here certainly did) that we have a pretty solid case my extended family felt that using a legal firm who specialise in this was worth losing the '27% of nothing'.

I'll keep posting as to how it all goes for us.

steveeo

I just submitted both claims with botts! I will let you know how I get on

SCFCJack

Hi all - great forum - has been much help.
After 8hr delay Palma to Cardiff in August, decided to deal with TC direct rather than Bott&co or similar to see how it went.

After little feedback from TC had this back today

"Thanks so much for being patient whilst we investigated your recent enquiry about your flight and previous claim with Thomas Cook Airlines. I am pleased to say that we have now completed the review of your claim for flight TCX7195

As you are aware, the previous investigation showed that the cause of the delay was as a result of a technical fault which was not inherent in the normal course of activity.

A recent Supreme Court decision in the case of Huzar vs Jet2.com, has resulted in a change to how EC Regulation 261/2004 is interpreted. This is the Regulation that provides for compensation payments for flight delays. The decision of the Supreme Court now stipulates 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.

Following this review, under EU Regulation 261/2004 compensation is now payable for your claim. Due to the high workload that we are currently experiencing, I want to say sorry for the delay in issuing the compensation for your claim. You will receive the compensation within 28 days and the amount being paid will be confirmed on your payment confirmation email.

I’m really sorry that you experienced a delay on your flight with us. It’s so important to us to make sure that your flight is on time and you get the best possible customer experience. Thank you for taking the time to contact us and we look forward to welcoming you on your next holiday with Thomas Cook."

Happy Days!