Flight delay and cancellation compensation, Thomas Cook ONLY

spaceaarvark

sweety wrote: »

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

This is two completely separate things.

EC Regulation 261/2004 gives you a statutory entitlement to compensation in the event of a delay. As I am sure you are aware, that compensation is a fixed amount depending on the distance of the flight, and does not increase in line with the length of the delay; this is what TC are offering, because that is what they are legally required to give you.

If you wish to claim an additional amount for the impact to your holiday (or any other reason) you cannot just load them into your 261/2004 claim and hope TC will pay up; they won't!

The only way you will get anything else is to make a separate claim through Thomas Cook's standard complaints process, and if necessary follow that up with court action. I have no idea what your chances of success would be, or whether there are NWNF firms that would take on such an action for you (but if there are, I would use them!)

stokelady

Hi

I received an email granting compensation 28 days ago. I have categorically stated on all correspondence that we will not accept holiday vouchers and we want cash refund (bank details have been provided).

Can I ask somebody who has received a cash refund how long this took, between you providing bank details and the funds actually reaching your bank?

Many thanks

stokelady

SCFCJack wrote: »

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:

Did they actually say it would take 28 days from supplying your bank details or is this your assumption? TIA

dino25uk

sweety wrote: »

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

Sweety, (folks correct me if I'm wrong here) Bott & Co charge 25 Euro per claimant + 27% of the claim and also they get any interest claimed.
But this pays for taking away all the hassle and stress of researching and going to court yourself . At the end of the day it's your decision.

SCFCJack

stokelady wrote: »

Did they actually say it would take 28 days from supplying your bank details or is this your assumption? TIA

I gave the details over the phone yesterday & was told it could take up to 28 days to transfer into my account from yesterday.

sweety

Thank you for your thoughts Spaceaarvark. My doubts are that by accepting TC offer 'in full and final etc.' that i am accepting that i cannot claim for the effect the huge delay had on my holiday separately!
I realise the statutory amount is fixed but are you suggesting i make another claim for the loss of 27 hours holiday time as a separate issue? Or maybe lump it with the delay element for a NWNF firm to chase both at the same time, as potentially more pofitable for them? and more profitable for me should they be successful?
It would be great for someone to give thoughts on the legal side of things as i know its up to me which way to go ......just a bit unclear as to where i stand legally if i accept.

Best wishes to all who respond.

laudan

SCFCJack wrote: »

I gave the details over the phone yesterday & was told it could take up to 28 days to transfer into my account from yesterday.

Same for me, give bank details about 17 days ago no money yet.

JPears

sweety - I agree with spaceaardvark - treat as 2 separate claims. Advise TC you are accepting cheque ONLY in settlement of fixed compensation claim under reg 261/2004, not in full and final settlement for distress and additional expenses and inconvenience caused by 27 hour delay.
You can claim for inconvenience, distress additional costs etc especially for a 27 hour delay. But you will have to raise a seperate claim and take it through small claims court. Any "damages" awarded will be entirely at the discretion of the judge.

sweety

Bless you JPears for that. I have given TC a week to payout in full but thats not going to happen.....I will then raise the additional claim with them for the extra and accept the 261 element ONLY in full and final etc. Small claims seems best option as NWNF will probably not bother with just the extra bit. Thanks to you all for clarifying the position.

JPears

I would not include "full and final "anywhere in your covering letter. They will use it as a stick to beat you with.
I should point out that IMHO, chances of getting anything extra via small claims court is probably slim. You'll really have to "load" your additional losses and distress and aggravation