Flight delay and cancellation compensation, Thomas Cook ONLY

gillyb64

Just got this reply, I'm gutted

Thank you for contacting us again about your flight delay and for providing us with further details.

I’m sorry that your flight with us was delayed and based on your comments we conducted a full investigation when you wrote to us initially. Following a review of our maintenance data and an analysis of our other operations at that time we remain confident in our decision that compensation is not payable in this case.

The Civil Aviation Authority (CAA) are the registered National Enforcement Body for Regulation 261, and we operate within the guidelines they have issued. If you remain unhappy, we can suggest you contact them about your flight delay by visiting https://www.caa.co.uk/passenger.

I am very sorry that we were unable to resolve this for you and I do hope we will have an opportunity to restore your faith in the future.

Is it worth contacting the CAA?

111KAB

gillyb64 wrote: »

Is it worth contacting the CAA?

Definitely not - it could harm the situation. You have to decide to DIY or NWNF now and either you or your selected solicitor need to pursue.

Vauban

gillyb64 wrote: »

Just got this reply, I'm gutted

The airline wants you to go away and doubts that you have the determination to take this any further. As 111KAB says, the CAA is useless. So the question is: how much do you think your claim is just, and are you willing to fight for it? The airlines don't roll over - will you?

EDIT: I don't think you've told us about the circumstances surrounding your delay. When was it, and what caused the problem?

Snapk

Hi everyone . Been reading lots on here but my first post. After submitting a claim on Nov1st one email on 21st nov asking to be patient as a delay in claims, yet no response since so following a third phone call today I have received this email ... Can anyone enlighten me as to what an APR queue is - am I just being fobbed off as I'm at the point of submitting an nba and I told them so.??

"Thank you for contacting us again about your flight.

I am of the understanding that you are chasing an outcome to your claim for compensation and I appreciate your patience whilst we investigate this for you.

Your case is currently sitting in our APR queue and we will look to provide you with a response as soon as possible. We are experiencing high workloads at the moment and we must investigate claims in date order so that we are being fair to all of our customers. I cannot provide you with any timescales at the moment but we are working as fast as we can to get through the queue and finalise your claim for compensation.

Kind Regards,

Alistair Forbes

Customer Relations"

Any advice appreciated

JPears

Snapk - what date was your delayed flight? Are you near 6 year limit?

Snapk

Thanks have done my best to read it... Must have missed that bit as tried with two little ones running around my feet will have another look later and try and search the document for it, thanks

Snapk

And sorry it was sept 27th 2014

Vauban

I have no idea what an APR queue is: but we could have fun trying? I think it's the new software that airlines are using to make a reasoned and fair assessment of claims: "Automatic Passenger Rejection".

Seriously, don't play their games. Just get the claim started if you think you qualify. Link to my guide below.

Tireless

Seeking advice to where next....

Flight TCX1906 from Gatwick to Dalaman on 6 Sep 14 was delayed by +3 Hrs

Made application for compensation through MSE advice and format to Thomas Cook.
Claim initially rejected due to pending Huzar/Jet2 Court Case.

When Court Case was resolved, re-submitted claim. Thomas Cook rejected it on basis that it was 'extraordinary circumstance' due to the action as recorded in an 'internal report' of a '3rd Party'. I asked for copy of the 'internal report' but this was turned down.

Submitted my claim details to the CAA who engaged with Thomas Cook and the CAA concluded that:

It appears from the information provided that the airline cannot rely on the “extraordinary circumstances” exception from the Regulation to refuse to pay compensation. It is our considered view that the airline has not demonstrated that this disruption was beyond their control. As such, in our opinion, the disruption to your flight is of a type which means that the airline should pay compensation.

I again re-submitted my claim to Thomas Cook based on the CAA conclusion (I understand it is non-binding on the airline); however, Thomas Cook have again rejected it.

In effect, Thomas Cook are rejecting a compensation claim on the basis that they cite a 3rd party and based on an unseen and unsubstantiated internal report. Anytime Thomas Cook don't want to pay compensation they can just hide behind this reason. Somewhat arrogant at best!

What is the next best step?

Vauban

Tireless wrote: »

What is the next best step?

Depends on what actually happened (some third party actions might be extraordinary, such as ATC decisions) - but read my guide and, if you think you're due compensation (you most likely are), then you take them to court.