Flight delay and cancellation compensation, Thomas Cook ONLY

Vauban

Jerry - I recall that you didn't claim interest, so that's not open to you. As such, what's the difference between what you've been offered and what you are entitled to? If it is only the recompense for attending the original hearing - I have understood Judges can award up to a maximum of £70 plus incidentals like travel and accommodation - then you might want to consider whether this is worth the trouble for all concerned (including the Court!).

NoviceAngel

edtheduck wrote: »

Hi I followed up with small claims court as to delay in my stay being lifted.
I have been its on hold with others until the case listed in the European Courts has finalised as per the direction of the District Judge. Said there's another case in Europe going through?!
I said to the that there are no other cases- this was it!
They said they'd get back to me.

See the thread 'is your case stayed in the court system'

The dedicated Jet2 thread

And last but not least the Huzar thread

It's all in there ~ just waiting for you to read about it.


Cheers,

NoviceAngel

HellyB

Dronnydave wrote: »

hi davster,

I have found Thomas Cook relatively straightforward to deal with. I submitted my claim the first week in November and on Friday rec'd payment into my bank.

You should consider that they most probably have a large number of claims to process, some of which will be from people just trying it on.

I found that each of my emails took about 10-14 days for them to respond to. I was always polite in my communications to them, if your claim is justified there is no need to write threatening court action. Just be a little patient.
Initially I was offered vouchers, but then having considered it for a few days I requested a BACS payment to which they readily agreed.

hope this helps,

Glad you've had such a prompt and successful response to your claim however this hasn't been the case for most. My case has taken over 2 years and I have been previously been advised on 4 occasions that no compensation would be payable and that TC were closing the case. They have only overturned the decision following the Supreme Court appeal.

jerryo1

Thanks for your replies.

Even without the Siewert v Condor case (ECJ C-394/14) I felt sure I could win the case and at the same time demonstrate the poor way claimants are being treated.

The initial offer was for the initial claim of £640 plus £60 court fees.
I wrote back to say that at Court I would be looking in addition for the hearing fee of £80 plus loss of pay for two days plus necessary postage costs.

Now received offer of extra £50 as good will gesture.

By not going to Court I can reclaim the hearing fee from the court, I will have lost only one days pay. The postage costs were a bit tongue in cheek to start with. I used registered post so that there could be no 'not received' excuse.

The new offer could now be seen as original sum plus one days loss of pay. The only thing missing is my day in Court and a judgment against TC !

I feel reluctant to withdraw the case before monies are received so do you think I should make it a condition of acceptance of offer.

Leese180

Hi, yes i received 2 letters from from Converge (Or Weightmans) in the space of an hour & 15 minutes!
The first to say that they are acting on behalf of Thomas Cook & are beginning investigations into my claim & the second (75 mins later) was a detailed letter from them explaining the reason for our delay & that we were not entitled to any compensation!
They certainly looked into it & made a decision quickly enough!!
We were delayed for 6 hours last year from Tenerife to Gatwick, apparently it was of a technical nature to do with a flap/slat, including a wiring fault that took 4 days to fix so they sent another aircraft.
I'd been waiting for the supreme court ruling which has now been sorted & i have since asked TC to reconsider my claim, if they don't i will be going down the court route i think!!

Vauban

jerryo1 wrote: »

I feel reluctant to withdraw the case before monies are received so do you think I should make it a condition of acceptance of offer.

Absolutely - no money in the bank, and the hearing continues. Airlines like to be motivated like this!

len49

Gerry

Give them your bank details and tell them that you'll only cancel the case when the money is transferred into your account. Hope you've added the 8% interest from delay date.

Worked for me two weeks ago.

Good luck

Len


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jerryo1 wrote: »

Thanks for your replies.

Even without the Siewert v Condor case (ECJ C-394/14) I felt sure I could win the case and at the same time demonstrate the poor way claimants are being treated.

The initial offer was for the initial claim of £640 plus £60 court fees.
I wrote back to say that at Court I would be looking in addition for the hearing fee of £80 plus loss of pay for two days plus necessary postage costs.

Now received offer of extra £50 as good will gesture.

By not going to Court I can reclaim the hearing fee from the court, I will have lost only one days pay. The postage costs were a bit tongue in cheek to start with. I used registered post so that there could be no 'not received' excuse.

The new offer could now be seen as original sum plus one days loss of pay. The only thing missing is my day in Court and a judgment against TC !

I feel reluctant to withdraw the case before monies are received so do you think I should make it a condition of acceptance of offer.

batman44

Just to let you know, I phoned Manchester County Court today about my case, they told me it has been refered back to the judge for a decision and i should know soon. They informed me that there are a several number of claims for my flight back in 2011 despite Travlaw telling the court they are not aware of any other claims except mine. I knew of one but not many others, this is a big change from when i started and i am sure a NWNF solicitor would not have taken them on if it was EC's as TC are claiming.

They also informed me that there is a substantial backlog of claims that the court is working through and many have gone to Liverpool.

I informed the court that if the decision is positive they i expect my claim to be paid in full with costs and if negative then all the way to trial as i have solid evidence this was not what TC are claiming. In a way I want trial as to prove that TC are liars and will say anything to avoid paying up.

I shall post all including my evidence once my case has been sorted, you will love it.;)

JPears

Ooh tell us now, stop teasing

batman44

JPears wrote: »

Ooh tell us now, stop teasing

LOL........Don't want the defence to know just yet..