Flight delay and cancellation compensation, Thomas Cook ONLY

JPears

Really Vauban, are you sure?

Vauban

JPears wrote: »

Really Vauban, are you sure?

I'd prefer people just read before they post - but failing that I'll take the cash, thank you.

Justnan

Hi, after over 18 months of pursuing my daughters claim and following the great advice that you all have freely given, I would really appreciate views on our position.
The claim was for both outbound and inbound delayed flights, 4.30 and 30.10 hours respectively. We had partially gone through the Court process and actually got to the stage of receiving TC's defence.
Unfortunately the case was then dismissed by the Judge as our application had been made using MCOL and not using the NH1 form.
At that stage all cases were held awaiting the various appeals.
Just before Christmas we once again began the process. TC have now accepted compensation is due for the 4.30 hrs delay. (albeit monies not yet received, usual 28 day email, but thank you to all on here, as without you, we would never have had the confidence to get this far.) They still deny compensation is due for the 30.10 delay. The reason being:
'Following the review, under EC Regulation 261/2004 your case has been re-assessed and I can see from the aviation report that your delay was caused by a manufacturing defect of a part we had replaced on the aircraft. Based on this information under the revised EC Regulation 261/2004, technical faults due to manufacturing defects were not affected by the court ruling and remain classified as extraordinary circumstances, therefore I am unable to offer you compensation for your claim.'
Their defence papers state 'delay was due to the in-flight failure of the weather radar system on the flight immediately preceding the flight'

Apologies that this is a lengthy post but I would be really grateful to receive any views/comments that you may have. I feel we should continue?

111KAB

Justnan wrote: »

I feel we should continue?

So do I - both valid claims IMO.

Vauban

111KAB wrote: »

So do I - both valid claims IMO.

Mine too!!

JPears

In summary, ignore their floundering excuses and BS...

Justnan

Thank you all. I thought as much. Think we just needed some confidence boosting!

Okane1969

Okane1969 wrote: »

I have been sending emails back and forward to Thomas Cook for months now. We were delayed in Sanford for around 4 hours on 24/06/12 on return flight TCX 0635 to Glasgow.Received a phone call today from directors office regarding emails sent between us. On my last email there was a report from airline attached, what I can make out there was a broken PA on plane which caused delay in Glasgow. I am no expert but surely that's mechanical and not extra ordinary circumstances as they are standing by. I have been offered a voucher for £100 as a goodwill gesture ! Has anyone else on this flight made a claim and if so have you had any luck .

Just wanted to give an update on my case. After CAA advised me I had no case and took the side of the airline I received an email in December to advise that compensation was now due. I contacted Thomas Cook to advise of email received by CAA. I received email from Thomas Cook to advise that compensation was now due to myself and family. When the amount was not adding up I contacted them over and over again to ask for a breakdown, still no answer. I eventually spoke to someone who advised that full and final payment was correct as my infant was not due compensation and the £100 " GOODWILL GESTURE" had also been taken from total. They also had the TC voucher attached to the email for full and final payment. I have contacted to request cash, advised like everyone else 28 days. I am pleased that we will eventually receive some compensation, but still not pleased with the amount or the explanation received as to how it was calculated.

JPears

Okane - Did you pay anything for your child's flight?

Wraith51

Justnan wrote: »

'Following the review, under EC Regulation 261/2004 your case has been re-assessed and I can see from the aviation report that your delay was caused by a manufacturing defect of a part we had replaced on the aircraft. Based on this information under the revised EC Regulation 261/2004, technical faults due to manufacturing defects were not affected by the court ruling and remain classified as extraordinary circumstances, therefore I am unable to offer you compensation for your claim.'

Yes this is the standard TC fob off wording, exactly the same wording regarding my flight delay, but for a different flight. Under terms of pre-court protocol I requested a copy of the aviation report but got nothing back and Court papers submitted this morning...