Flight delay and cancellation compensation, Thomas Cook ONLY

oxfordmark

Tireless wrote: »

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?

I was on this flight too, just heard back from Thomas Cook, no case for claim. I am writing back informing them that i do not accept this and can they review it.

SCFCJack

saxysusan wrote: »

TC have just emailed to confirm that compensation is due due to the delay on the above flight.
However they are offering vouchers, not money. Is there not a requirement that the compensation is monetary.
There must be claimants that do not wish to use TC ever again !

Hi SS,
I had email saying payment in 28 days for my claim, and on the 28th day had an email saying full amount vouchers were on the way.
Just got through after 15m wait on phone & declared I would like cash instead - 'no problem' they said, so we set up transfer over phone - although I may have to wait another 28 days for it to be in my account.
Phone 01733 224 814 with your case ref - should be no problem.

All the best.:beer:

Tammycat

That is really helpful as I received and email yesterday agreeing to my claim and attaching vouchers- I have replied via email saying that i wish to be paid in cash and will give them a day or so before phoning. Thank you for guidance.:T

SCFCJack

Tammycat wrote: »

That is really helpful as I received and email yesterday agreeing to my claim and attaching vouchers- I have replied via email saying that i wish to be paid in cash and will give them a day or so before phoning. Thank you for guidance.:T

No problem - give them a ring - they will tell you to delete the voucher email & they will cancel it.......delete it when you get the cash in your account though!

Wraith51

Hi all, TC are claiming a manufacturing fault but no evidence forthcoming. From my investigations it appears the incoming flight was delayed which had the knock on effect of delaying our flight. If this prior flight was delayed due to a manufacturing fault would this be a consideration or not? Thanks in advance, I promise not to ask if I have to accept vouchers...:D

sweety

Just been offered the statutory £euro 400 per passenger totalling £1280 in vouchers for full and final settlement of my claim.
Had my delay been slightly over 3 hours this would be ok BUT our delay was for 27 hours with 2small kids at a 5 star fully inclusive resort!!
I worked out the actual hours lost as a percentage of 8 days holiday and added this on to my claim plus £100 each person for the stress and aggro the 27 hours caused us....pretty reasonable i thought but apparently not to TC. My question is whether to refuse and hold out for full amount or take the 'extra' costs claims to a NWNF specialist, but then they will want 25% of the TOTAL claim not just the extra bit?
I am short of my original claim by about £1200 and my thoughts are what have i got to lose? as 25. % of £2500 is £625 Bott fees leaving £1875 due plus interest and court costs on top, leaving me about £500 better off than now!
Anyone got any thoughts on my options here as my feeling is that TC are trying to settle lightly for what we went through....

many thanks

fossman

Horace_Goes_Skiing wrote: »

Yeah, similar experience here with my last correspondence from Thomas Cook coming on 4th December.

Having been previously told no compensation was due I went down the NWNF route and have had the claim on the go with them for almost 18 months.

Out of the blue I received an email from Thomas Cook telling me compensation was now due to me and would be paid, the amount being confirmed in a further email, within 28 days.

I've emailed them now to ask about the delay and when I might expect payment.

I'm actually a little unsure on what to do regards the NWNF firm though. Do I let them know? Keep schtum and see what transpires further before contacting them. Don't contact them at all!

Clearly Thomas Cook's change of tack has been as a consequence of the Huzar case and not through any inspirational legal work from the NWNF firm.

I imagine they would still be due their fees ofcourse if the compensation comes through them, but what if Thomas Cook send me vouchers or a cheque direct?

In the meantime I'm watching my inbox with interest.

I am also watching my inbox with interest, I received an email just before Christmas saying compensation is now due for our delay ..... the problem is TC actually paid us our compensation earlier this year through a NWNF solicitor.

JPears

Wraith51 wrote: »

Hi all, TC are claiming a manufacturing fault but no evidence forthcoming. From my investigations it appears the incoming flight was delayed which had the knock on effect of delaying our flight. If this prior flight was delayed due to a manufacturing fault would this be a consideration or not? Thanks in advance, I promise not to ask if I have to accept vouchers...:D

"Manufacturing fault" is the latest patheticaly weak excuse TC have come up with.
Unfortunately you willl probably have to start legal proceedings to find out the truth.
Or contact a NWNF firm, who may well have more information on your flight, if other have claimed/litigated.

Wraith51

JPears wrote: »

"Manufacturing fault" is the latest patheticaly weak excuse TC have come up with.
Unfortunately you willl probably have to start legal proceedings to find out the truth.
Or contact a NWNF firm, who may well have more information on your flight, if other have claimed/litigated.

Thanks, yes I'm in the process of starting legal proceedings and already issued an NBA. Just wondered what the implications of the knock on delay would be on my claim if this incoming flight did have genuine manufacturing default issues. Is this irelevent to my flight as this would have certainly given plenty of time to arrange a replacement flight?

111KAB

Wraith no relevance to your flight plus IF a manufacturing defect the manufacturer of said component would be bought into the equation as to be knowingly allowing a defective part to be both fitted and continued to be used in an aircraft. Link this to an aspect such as the Dreamliner battery issue and you can see why Boeing lost billions when the entire Dreamliner fleets were grounded. There is no chance there is a manufacturing fault - if there is/was and it was proven TC would be out of business. Yours was a technical fault (very common so not extraordinary) which TC are trying to convince you was a result of sub standard manufacture - shame on them.