Flight delay and cancellation compensation, Thomas Cook ONLY

JPears

Hoyerman wrote: »

I've actually worked our the difference for my case (based on the Euro exchange rate on the day ........
Is there any advice from CAA/ATOL on this? I can't find any so far?

Cheers
H

Ha ha My first good gafaw of 2015......

spaceaarvark

Hoyerman wrote: »

I've actually worked our the difference for my case (based on the Euro exchange rate on the day of the delay (17/6/12), plus 8% interest - taken from Citizens Advice as standard court rate of interest)

Difference in compensation amount from TC offer is £15.80.

But - Interest based on my amount is £0.28 per day for 928 days (so far) so £259.84 and counting...

So - not an insubstantial total amount of money.

TC want to use the exchange rate on the day the claim was last examined by them (3/12/14) and have stated on the phone that they dont pay interest. Citizens Advice have advised that I have a reasonable claim for "loss of earnings".

I have emailed TC to ask for their detailed workings in how they arrive at their offer figure, plus copies of any company policies and their legal justification for (a) the exchange rate used and (b) why they don't pay interest.

It would be interesting to find if there were any publicly available judgments which might support a consistent approach for everyone?

Genuinely I don't mind what my total compensation works out to be - but I do want it to be correct and fair? There needs to be consistency in the exchange rates applied and then whether or not interest is payable - and if so, at what rate.

Is there any advice from CAA/ATOL on this? I can't find any so far?

Cheers
H

So it is 2½ years since your delay, but have you been trying to obtain your statutory compensation from TC for all that time, and have you already kicked off a claim through the courts?


Interest is not something you are entitled to under the legislation, it is something the court might award you if it thinks TC has been messing you around (most likely, because the case should never have got that far in the first place) - that's why TC are safe to say they don't pay interest. Same goes for any other costs that you think you might be able to claim.


If TC are offering to pay the statutory compensation and you haven't started the court case, I don't think it would be a good idea to start pursuing them for interest now. If you have already filed your claim you might be able to put pressure on them and say "if we let this thing go to court I think they would award me compensation", but on the other hand, the courts prefer things to be settled without actually going to a hearing.


The one thing you should be able to press for is the fee you had to pay when you filed your claim with the court.

scorpiouk

Season Greetings All...

Quick question... 2 weeks before the hearing date both parties are required to exchange documents.

What if TC have failed to provide anything? Now only only 5 days to go..

JPears

scorpiouk wrote: »

Season Greetings All...

Quick question... 2 weeks before the hearing date both parties are required to exchange documents.

What if TC have failed to provide anything? Now only only 5 days to go..

Have you submitted your bundle to court and TC?
Have you contacted court to see if they have received a bundle from TC? If they have then ask for a copy asap nd ask for note to Judge to be made pointing out the error of their ways in not adhering to Court rules
If they have submitted nothing then turn up at court and expect to judge to throw out any defence, if TC bother to turn up.

scorpiouk

Have you submitted your bundle to court and TC?

Yes -

Have you contacted court to see if they have received a bundle from TC? If they have then ask for a copy asap nd ask for note to Judge to be made pointing out the error of their ways in not adhering to Court rules.

Will do... I have spoken to the court and they didn't say they had received anything.. Will give it until Monday and then ask for a note to the judge..

Is it just that? A note saying nothing has been received?

If they have submitted nothing then turn up at court and expect to judge to throw out any defence, if TC bother to turn up

hope so....

JPears

You could give TCs solicitors a call to remind them that they are 11 days late sending you a bundle, but why do their work for them?
I doubt that they would reciprocate.
If still no bundle at date of hearing then ask judge to throw out defence and find in your favour as they have not complied with court directions.

scorpiouk

JPears wrote: »

You could give TCs solicitors a call to remind them that they are 11 days late sending you a bundle, but why do their work for them?
I doubt that they would reciprocate.
If still no bundle at date of hearing then ask judge to throw out defence and find in your favour as they have not complied with court directions.

There is no specific direction from the court to exchange documents..

Does it need to be that specific? Assume it was standard process?

dxc_chappie

scorpiouk wrote: »

There is no specific direction from the court to exchange documents..

Does it need to be that specific? Assume it was standard process?

Standard directions require both or all parties to serve on each other copies of all docs they will rely on in the hearing at least 14 days in advance. See CPR 27.4(3)(a):
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27

I agree with JPears - no bundle (non compliance with CPR) then ask the judge to throw out defence and find in your favour, although I suspect in reality the hearing would just be rescheduled.

Catmandu2010

After following advise on here around a year ago I finally received the email today with my refund amount. However this is in the form of a voucher and I would rather not fly with thomas cook again! I have seen that you can refuse the voucher but wondered how to go about this? Many thanks

Vauban

Please do some reading around. This question has been answered hundreds of times already. Starting your own thread only further clutters the forum.

EDIT: Here's a clue to point you in the right direction: http://forums.moneysavingexpert.com/showpost.php?p=66379722&postcount=5931