Flight delay and cancellation compensation, Thomas Cook ONLY

Vauban

CathG78 wrote: »

Could anyone please advise how I now go about lodging a court case? I'm conscious that I may be running out of time if I leave it any longer. Many thanks

Cath: it's covered in my guide. Worth a read.

spaceaarvark

CathG78 wrote: »

Hi All,

looking for a bit of advice please. It's regarding a flight from May 2009. I have already lodged my complaint, earlier this year, and it was held up etc until the case was settled. I got another confirmation email that they were looking into my case in early November. I requested further information mid-December, but received no response. I issued a NBA via email on 23rd December, again no response. I telephoned last week, but again, they couldn't tell me anything, other than they would let me know once they had looked through my case (they've had it since maybe April). Could anyone please advise how I now go about lodging a court case? I'm conscious that I may be running out of time if I leave it any longer. Many thanks

Edited to add: I have the flight number (TCX5060), but there is absolutely no record of it anywhere. It was Manchester to Dalaman and I think it was 7 hours delay.

Yes, you it is important that you kick off your claim before the 6 year deadline, but it might also be worth getting back on the phone to them to let them know you are submitting your court papers NEXT WEEK.
This is what we did - "just a courtesy call to let you know we will be proceeding on Monday".
They then wanted 14 days to look into it.
We said, no, you have already had 6 months since we originally contacted you.
And 2 days later, the email appeared saying yes, you are entitled to compensation - here's a voucher.
Now we have got them to agree to paying cash and are in the same "28 days" queue as several other people on here.


I must say, TC really overplay this idea of having to "investigate". Each flight has to be looked at once and once only - either it qualifies for compensation or it doesn't. If I were running TC, they would by now have a pretty comprehensive database showing exactly which flights qualify and which ones don't.
The only checking that then needs to be done is whether this person making the claim was on the flight or not.

Hev83

Hev83 wrote: »

Ive had one claim approved for compensation from TC and another one just rejected on the grounds that it was a manufacturing fault with a part they replaced!

Has anyone asked TC for the aviation report to prove what they are saying or should i just accept what they have said?

I have now requested a copy of the aviation report for flight TCX801L on 31.05.2010 under the Freedom of Information Act so let's see if they can get out of that one.

Vauban

Hev83 wrote: »

I have now requested a copy of the aviation report for flight TCX801L on 31.05.2010 under the Freedom of Information Act so let's see if they can get out of that one.

They'll get out of that very easily, as the Freedom of Information Act does not apply to private corporations!

Collr

Collr wrote: »

Hi was due to fly to Cancun July 11th 2013 9.15 am from Manchester Airport.it was delayed over an hour we eventually set off 4 hours into the flight they said we had to turn back to Manchester because of technical fault we arrived back to Manchester airport everyone had to get off and wait in the cafe till 6.12pm we then boarded again to cancun and arrived at the hotel around 1am the next day. so it was about a 9 hour delay with a voucher for£12 for food and drinks. I have been on the Thomas cook complaints page and quoted the EU reg261/2004 I then filled in my details of the journey and they say they will get in touch with me, is this all I need to do or should I do something else. Contacted TC on the 11/11/14 they are looking into it gave me a ref number and 28 days so that they can investigate my claim. Not heard anything yet as of 7/12/14 going to ring them see what's going on.

email today from TC following a full investigation into the maintenance data we cannot pay you compensation, decided to go with Bott and Co see what they can do .

razorsedge

sging1 wrote: »

When are the CAA going to be prosecuted for their persistant past misinformation....:(

Please can I have my money on 'Never' for this sweepstake too?;)

gb61

morning all, march 2013 I applied to a nwnf firm to act on my behalf to make 2 claims against Thomas cook, first one dating back to 2010. well just heard one has been accepted by Thomas cook and I am waiting to receive the money.
The other is from 2012 and is still with the caa!! ,
I'm wondering if it would be possible to pursue this one claim myself as it seems to be stuck in limbo. or have I got to wait now for the nwnf company to complete on claim? I am getting a little frustrated at the amount of time it is taking nearly 2 years. Thanks for any suggestions.

Vauban

Which is the NWNF company? No claim can be resolved by reference to the CAA (the most they will do is to offer a "view" on your case), so I share your suspicions about how seriously your case is being pushed. As to whether you can get out of the arrangement, well that depends on the contract you agreed to.

Hoyerman

Vauban wrote: »

They'll get out of that very easily, as the Freedom of Information Act does not apply to private corporations!

BUT - if you have escalated your complaint to the CAA, you can then raise a FOI request with them, which THEY must reply to within a given timescale - with the proviso that they cannot disclose commercially sensitive information - but I finally got the real reason for my flight delay this way...

Cheers
H

Vauban

Hoyerman wrote: »

BUT - if you have escalated your complaint to the CAA, you can then raise a FOI request with them, which THEY must reply to within a given timescale - with the proviso that they cannot disclose commercially sensitive information - but I finally got the real reason for my flight delay this way...

Cheers
H

Hoyerman,

Yes you're right. But in practice the CAA's disclosures often seem to fall short of what's useful.

When I wrote to them for example about their discussions with Monarch Airlines they said that their "statutory functions under Part 8 of the Enterprise Act" prevented them from disclosing the correspondence, in case it lead to "enforcement action against the business" (yes, really!).

It was good that you got the cause of your delay out of them though - for many folk, it's only when you take the airline to court and they submit their defence that you know what the reason for the delay actually was.

Vauban