Flight delay and cancellation compensation, Thomas Cook ONLY

111KAB

CathG78 - issue NBA now (read Vauban's guide) and get on with court action .... if not you will run out of time. TC are trying to delay so you are out of time.


https://dl.orangedox.com/GdfSa4xUZdZI5GJadr/Vauban's%20Guide%20to%20Claiming%20Flight%20Delay%20Compensation.pdf

Vauban

batman44 wrote: »

Had a letter from court today wanting to decide my case on papers alone without hearing, shall i agree to this and what would the consequences be?
I will be able to submit my evidence and see the defence evidence.

Any advice? thanks

To be honest, I would nearly always opt for a hearing, especially if I wanted to challenge some of the evidence produced or assertions made by the airline. I recall the case of Bigmama on here where the Judge decided to rule on the basis of the paperwork alone - some of which was high contestable. In a hearing, I think she'd have had a much better chance.

I also think a hearing is useful for another reason: it forces the airline to consider whether to continue defend the claim, given the expense involved for them. If there's no hearing, there's no further expense and therefore no inclination to engage the claimant seriously.

batman44

Vauban wrote: »

To be honest, I would nearly always opt for a hearing, especially if I wanted to challenge some of the evidence produced or assertions made by the airline. I recall the case of Bigmama on here where the Judge decided to rule on the basis of the paperwork alone - some of which was high contestable. In a hearing, I think she'd have had a much better chance.

I also think a hearing is useful for another reason: it forces the airline to consider whether to continue defend the claim, given the expense involved for them. If there's no hearing, there's no further expense and therefore no inclination to engage the claimant seriously.

Intresting, the order also points out that parties are encouraged always to try settle by negotiation and also encouraged to contact each other with a view to settle or narrow the issues.
They also mention refusal will be taken into account in deciding where the hearing should be held.


As you say I need to get my case heared in person.;)

Also doing it by papers only means I could miss out on interest I claimed.

spot3

Hi

I originally sent my claim earlier this year, it was declined as it was a technical issue. I re-sent the claim using the online form after the Huzar judgement and I've received an email with a voucher for £640 today. I've asked for the cash instead.

Thank you so much for all the helpful advice i've been able to read on this board.

laudan

spot3 wrote: »

Hi

I originally sent my claim earlier this year, it was declined as it was a technical issue. I re-sent the claim using the online form after the Huzar judgement and I've received an email with a voucher for £640 today. I've asked for the cash instead.

Thank you so much for all the helpful advice i've been able to read on this board.

Got my offer today also a voucher, did you just reply to email requesting cash?

spot3

laudan wrote: »

Got my offer today also a voucher, did you just reply to email requesting cash?

I rang them because I didn't want an email to sit at the bottom of the queue for a week until they read it and then the wait for payment to start. No problem at all, it was a quick and easy call, just make sure you pick the option for 'everything else' as the flight delays one just tells you check the website.

S4mantha88

Been waiting on a reply off thomas cook since 2/12/14 rang earlier and was advised that a voucher to the sum of £978 was due to be paid. Our delay was for 23 hours dalaman to manchester included 2 adults 2 children and one infant after reading on here I thought we was due £310 each am I right in thinking thomas cook are trying to pull a fast one or is that the correct amount

Vauban

S4mantha88 wrote: »

Been waiting on a reply off thomas cook since 2/12/14 rang earlier and was advised that a voucher to the sum of £978 was due to be paid. Our delay was for 23 hours dalaman to manchester included 2 adults 2 children and one infant after reading on here I thought we was due £310 each am I right in thinking thomas cook are trying to pull a fast one or is that the correct amount

You are due 400 euros for each passenger who paid a fare available to the general public (ie an infant paying a reduced fare still qualifies; a child travelling on a "free place" does not).

S4mantha88

I can not remember if we got a child free on our invoice when we booked it says
1x infant flight £49.00
1x discounted child price £1.00
1x child accommodation £695

How would u suggest putting this to thomas cook...
Sorry for all the questions

laudan

S4mantha88 wrote: »

Been waiting on a reply off thomas cook since 2/12/14 rang earlier and was advised that a voucher to the sum of £978 was due to be paid. Our delay was for 23 hours dalaman to manchester included 2 adults 2 children and one infant after reading on here I thought we was due £310 each am I right in thinking thomas cook are trying to pull a fast one or is that the correct amount

I received my email today our flight was uk to Turkey too, delay over 4 hours.

"This equates to €400.00 per person as outlined in the Regulation. This payment is in full and final settlement for everyone on your booking."

It works out at £320/person there were adults & children in our party.