Flight delay and cancellation compensation, Thomas Cook ONLY

Mark2spark

maghater wrote: »

Starting to read on this forum that Thomas Cook is starting to shell some compensation out. What has changed , have they lost more court cases, or started actually reading some of the complaints before stamping them denied?

I've also noticed that, there hasn't been reports of any new cases reaching the courts. Don't forget though, that they lost the first reported test case as such.


http://www.dailymail.co.uk/news/article-2270725/Now-sue-flight-delays-Landmark-ruling-mean-payouts-hold-ups-3-hours.html

Mark2spark

Jennyb90 wrote: »

Hi
I'm looking for some advice. I sent off the template letter on here on the 25th February for my flight delay on 23rd September 2012 from larnaca to Cardiff which was delayed for 32 hours.

The letter template states that you would like a response within 14 days or the matter can be taken further. Would it be best to wait a few more weeks or would you go to the CAA

The delay was due to a fault in the engine whilst about to take off.

Thanks

Well it's only just 2 weeks so you might want to wait a little longer, seeing as TC are starting to pay up in a few cases now. Have you phoned them?
You are at liberty to start a court claim as soon as the 14 days are up. no need to go to the CAA at this time as they will also take months to answer you.

Mark2spark

Juliep wrote: »

After numerous letters to Thomas Cook I eventually receive a reply stating I am entitled to compensation and they have sent me a voucher for £2707. This was to cover 5 people for delayed over 24 hours in Jamaica so I was expecting 3500euros.

Firstly do I have to accept a voucher, I would much rather have a cheque, and secondly how do Thomas Cook come to this figure (which exchange rate do they use)?

Thanks for all your help!

Julie

You can have cash (cheque). Phone them and tell them so.
The exchange rate used varies between airlines. Is it more advantageous to you to use the exchange rate on the day of the delay, or todays rate?
My claim with Monarch was successful, and they used the exchange rate on the day that the cheque was issued. I didn't argue as it was slightly more advantageous to me that way round.
The nearer the Euro is to the Pound (parity) on a 1 = 1 basis is the best way.
IE an exchange rate of €1.25 = £1
€250 = £200
BUT at an exchange rate of €1.10;
€250 = £227 (ish)

jacksback

Mark2spark wrote: »

This might interest you jacksback:
http://www.compactlaw.co.uk/free-legal-information/small-claims-court/striking-out-a-claim-or-a-defence.html

Basically you ask the court to strike out their defence, as it doesn't contain any facts.

Thanks Mark,, I have already done my letter,, hopefully that will be enough. I don't understand why MCOL don't read the defence and say 'thats not a defence'.. Seems they can just hit the defence button without actually supplying one!!

robrymond

Had a response from Thomas Cook via email this time...they haven't even bothered to respond in a letter. This was my second letter stating concern at the fact the engine had failed previously and was unsafe:

Dear Miss Chesters

Re: Thomas Cook - Case Ref: SA16417X - Booking Ref: X036311J

Thank you for contacting us again regarding your comments about your holiday. I am very sorry that I have been unable to resolve this matter to your satisfaction.

Following your communication I have looked again at the details of your case. Whilst I understand and accept your concerns, I am sorry that there is nothing further I can add to my previous correspondence. Whilst I understand that you believe that the delay was not caused by extraordinary circumstances, I can confirm that the root cause of the delay could not have been foreseen.

If you are looking to take this further you need to contact the Civil Aviation Authority. You can do this at the following website https://www.caa.co.uk.

I very much regret that we have been unable to reach a conclusion on which we can both agree, and I hope that despite this you will consider booking another Thomas Cook holiday in the future.Thank you for contacting us again regarding your comments about your holiday. I am very sorry that I have been unable to resolve this matter to your satisfaction.

So why are they paying out for customers with arguably trival delays (this was 23 hours...some people are getting payouts for 6)..and then one whereby the engine failed is not deemed suitable. I'm not even bothered by full EU compensation but costs for a lost days holiday in my eyes would be reasonable.

jacksback

Just one of their many standard replies,, there are about six of them,, you will get them all in case one of them makes you give up. Just send a NBA and take it from there.

maghater

robrymond wrote: »

Had a response from Thomas Cook via email this time...they haven't even bothered to respond in a letter. This was my second letter stating concern at the fact the engine had failed previously and was unsafe:



So why are they paying out for customers with arguably trival delays (this was 23 hours...some people are getting payouts for 6)..and then one whereby the engine failed is not deemed suitable. I'm not even bothered by full EU compensation but costs for a lost days holiday in my eyes would be reasonable.

I think it must depend on who they give your case to! If there was another member of your party with a different surname it might be worth getting them to slam something in to see if you get a different response. Bottom line is you have a really good case so keep the pressure on the bar stewards 600 euros per person is better offinyour pocket than helping pay the ridiculous amount of money their CE is on

jacksback

Centipede100 wrote: »

I would be writing to the court today and insisting that since the airline has not provided a defence to my claim within the timescale provided by the court (backed up by any previous correspondence to show how long the airline has known of your claim before commencing legal action) then the court should rule in your favour immediately and without going to the trouble of a hearing.

That is simply unacceptable and as such you wish to claim your costs for conducting your claim (£18 per hour).

I have posted my letter today stating the above but have received the courts copy of the defence together with an allocation questionnaire to be completed and a £40 fee to be paid. This needs to be returned by 25th March,, should I wait for a reply to my letter or complete and post this form?? Thanks

Mark2spark

Phone them up Jacksback (the court) and tell them that they haven't filed a defence. Perhaps ask for directions from a judge? As the 'defence' they have submitted just needs striking out and a default judgement obtained.

don_quiote

Delayed last june for over 8 hours flying from Newcastle to Mallorca. My partner has rung Thomas Cook, and they said we could not get compensation as the delay was caused by the plane getting damaged by the man refuelling the aeroplane, and he didn't work for Thomas Cook so they were not responsible and therefore could not pay compensation. Basically we lost a day of our holiday. If we found out the name of the company responsible could be seek compensation from them?