Flight delay and cancellation compensation, Thomas Cook ONLY

Vauban

Great news Ju - well done!

Oxy_Moron

Hi All, I'm new to this site and indeed forums so hope I'm in the correct thread.

A big 'thank you' to all those tenacious posters who have contributed so much time, quality information and effort to the topic of delayed flights. Especially Vauban for his very comprehensive guide which is a must read for those preparing to challenge the airlines. I personally intend to draw extensively from his guide and experiences in my own legal case against Thomas Cook Airlines Ltd (TC).

Flight TCX352 Manchester to Varadero, Cuba, 07/11/14 was cancelled one hour after its departure time of 10.05am and delayed the stated arrival time by 24 hours. The reason given by TC at the time was "an unexpected technical fault on the aircraft on its previous flight which requires repair".

I have written to TC on 25/11/14 requesting compensation in line with Regulation 261/2004. TC responded with a pro forma email saying "We are very sorry that your flight was delayed. We are currently investigating the reasons why and as soon as this has been done we will contact you again". As this falls far short of the 'full' response I had requested I submitted, yesterday, a NBA letter with a 14 days time frame for their reply.

I am aware of the hughe backlog that TC are dealing with and feel sorry for those who have been battling for years.

I am determined not to make my claim a long-haul affair, so to speak, hence my not entertaing TC's stalling tactics.

I hope others on the above flight will see this post.
I will keep you posted.

111KAB

Oxy ... sounds like you have it 'sorted' and excellent first post - if I may say so. So refreshing to witness newbies post on the correct thread after firstly reading the guides ~ Good Luck.

21yrold

Court day today

I've spoken to the solicitors and they have said if it does go to court they really want to win the case as they are making no money on it, if it gets into the court room.

So should be a fun day, eitherway...thanks for the advice etc and i will update you all later

Vauban

Good luck 21!

Hev83

I have just sent an NBA to Thomas Cook for the above flight and received a response 15 minutes later stating they will be paying compensation.


Should I ask for a cheque at this point rather than wait for a voucher?

jon2012

wraith51 wrote: »

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!

They must have really have had their solicitors working over time to come up with the excuse of a manufacturing defect as a get out clause.
Most of their aircraft are years old so manufacuring defects would have shown up in the aircrafts first few years of use.
The problem is that they may say it's a manufacturing defect on a new part and you have no means of proving otherwise,

JPears

In which case they have a claim against the manufacturer if it is actually defective, not just some new BS excuse.

NYGiants

Just had an e-mail from Thomas Cook about the delayed flight TCX7205 on Saturday 23rd August (9 hour delay in total) and they're paying out within 28 days. :beer:

I'm not sure if this was sent to everyone or in response to my Letter Before Claim that I sent a few weeks ago.

JPears

21yrold wrote: »

Court day today

I've spoken to the solicitors and they have said if it does go to court they really want to win the case as they are making no money on it, if it gets into the court room.

So should be a fun day, eitherway...thanks for the advice etc and i will update you all later

Any news/update?