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Flight delay and cancellation compensation, Thomas Cook ONLY

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Comments

  • NoviceAngel
    NoviceAngel Posts: 2,274 Forumite
    Part of the Furniture
    Iwan_Boyo wrote: »
    Hi - First time using this so please forgive any mistakes. I have received a 'final' reply from Thomas Cook informing me that no compensation is payable for the 24 hour flight delay as the cause was a 'bomb threat'. This information completely contradicts what we were told at the airport, namely 'a mechanical fault, delaying plane as the flight crew had gone over their allowable flight time'. The flight is TCX062K on Saturday 20th February 2010. I would be grateful if anyone else had any more information as I have a feeling that they may be covering their backs (and reading this lol). :)


    The problem is you probably will not get to know the true cause of your delay, before you started legal action. If it was a bomb threat, then they will have to provide evidence of this in their defence.

    So you have a choice to make, either accept their decision or issue a NBA letter, further info in Vaubans guide if you haven't already read it.
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

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  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    It shouldn't take 24 hours to resolve a bomb threat problem and indeed if there were a bomb threat at Manchester I would expect this to be reported in the local press etc.
  • Sorry - the alleged bomb threat was in the Caribbean area so the flight we were supposed to get was delayed from there to Manchester.
  • NoviceAngel
    NoviceAngel Posts: 2,274 Forumite
    Part of the Furniture
    Iwan_Boyo wrote: »
    Sorry - the alleged bomb threat was in the Caribbean area so the flight we were supposed to get was delayed from there to Manchester.

    It could be argued that since it wasn't your flight that was directly delayed, that TC should have been able to source an alternate plane to ensure that you were not delayed, I'd personally stick a claim in, IF the 'bomb threat' is true and TC supply evidence, you can choose not to continue your case and accept the defence.
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • jon2012
    jon2012 Posts: 17 Forumite
    Iwan_Boyo wrote: »
    Hi - First time using this so please forgive any mistakes. I have received a 'final' reply from Thomas Cook informing me that no compensation is payable for the 24 hour flight delay as the cause was a 'bomb threat'. This information completely contradicts what we were told at the airport, namely 'a mechanical fault, delaying plane as the flight crew had gone over their allowable flight time'. The flight is TCX062K on Saturday 20th February 2010. I would be grateful if anyone else had any more information as I have a feeling that they may be covering their backs (and reading this lol). :)

    Thomas Cook have just come back to me after 18 months of correspondence blaming bad weather for my flight turning back mid Atlantic.
    It was actually a weather radar fault in the nose of the aircraft.
    Luckily I have a print out from them stating it was a mechanical fault from the day we arrived back in Manchester to repair the aircraft.
    I've emailed it to them as it seems they are just making any excuse possible now to avoid paying people out.
  • After sending NBA Thomas Cook promptly sent a response which included the following:
    Following the review, under EC Regulation 261/2004 your case has been re-assessed and I can see from the aviation report that your delay was caused by a manufacturing defect of a part we had replaced on the aircraft. Based on this information under the revised EC Regulation 261/2004, technical faults due to manufacturing defects were not affected by the court ruling and remain classified as extraordinary circumstances, therefore I am unable to offer you compensation for your claim.

    As per previous posts this appears to be TC's current fob off of choice. Any advice on how to proceed? Just wait out the NBA notice period and start a court claim or is it worth trying to find out what the manufacturing defect was (can't imagine they are likely to provide this unless required to by the courts) Oh and I forgot to mention that TC had previously confirmed in writing that the cause of the delay was due to a technical fault...

    Any advice greatly appreciated!
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    Wraith: this is, as you know, nonsense. They are beyond reason, and will only treat your claim seriously when you serve them with court papers. Sad but apparently true.
  • Ju499
    Ju499 Posts: 22 Forumite
    edited 11 December 2014 at 12:36AM
    2 years later, my cheque has arrived!!

    Thank you so much to all of you on here who have supported me. Particularly Vauban (skeleton argument was amazing)

    I emailed TC asking where their court docs were (due 28th nov) and indicated my surprise they hadnt tried to contact me to settle. Was offered original claim plus court fee of £70 (2 x 600 euros) i refused, and pointed out i had a further court fee of £110 and, i got an order for costs against them for my jan hearing that was stayed, and 2 years worth of interest.

    I calculated my total claim was £1,588 - they offered £1,010

    After i refused, i indicated that i would settle for £1,500 providing i got a cheque within 14 days (no voucher) and they agreed immediately.

    I got the impression that they are slow due to volume and only dealt with me due to close court date.

    Cheque arrived last night!

    Happy times, and well worth the wait.

    Off to book a holiday to New York, but guess who im NOT booking with.

    Continue to pressure them. I e mailed customer service at thomas cook and was contacted by

    [Email address removed by Forum Team]

    Good luck .

    Ju[/email]
  • Ju499
    Ju499 Posts: 22 Forumite
    SORRY should have said, i was on the Manchester to Las Vegas flight in November 2012 with the notorious plane GYMOT? 33 hour delay following the Cuba flight delay.

    Good luck.
  • Ju499 wrote: »
    2 years later, my cheque has arrived!!

    Thank you so much to all of you on here who have supported me. Particularly Vauban (skeleton argument was amazing)

    I emailed TC asking where their court docs were (due 28th nov) and indicated my surprise they hadnt tried to contact me to settle. Was offered original claim plus court fee of £70 (2 x 600 euros) i refused, and pointed out i had a further court fee of £110 and, i got an order for costs against them for my jan hearing that was stayed, and 2 years worth of interest.

    I calculated my total claim was £1,588 - they offered £1,010

    After i refused, i indicated that i would settle for £1,500 providing i got a cheque within 14 days (no voucher) and they agreed immediately.

    Cheque arrived last night!

    Happy times, and well worth the wait.


    Good luck .

    Ju

    Well done and congratulations on your victory, good news indeed :T
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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