Flight delay and cancellation compensation, Thomas Cook ONLY

wedger16

4 in the party & we have made a claim in Small Claims Court. Flight was in July 2009, we have no documentation and travel agent will not go through his records of so long ago. About 3 years of emails between TC & myself, they know I do not have documents, but I maintain they have the passenger manifest. At no time have they said that we were not on the flight, is that not what they have to prove? We have our passports stamped, but credit card records long since thrown away. I want to make a Data Subject Access Request regarding Passenger Manifest, how do I do that & to whom do I apply?
In their written defence they state that they will pay if we provide proof that we were on the flight. They have also said that they will not pay interest.
Have just received Small Claims Direction Questionnaire (N180). Has anyone tried the Mediation Service via a telephone appointment? If so was it useful?
Any reply much appreciated.
wedger 16

wedger16

I think it is "putting off" tactics. I believe they have all the info on the passenger manifest. I'm just trying to draw on others experiences in my thread post.

lova_bargain

Mo11yjess wrote: »

Hi I have made a claim with Thomas Cook for a delayed flight . I have given date , flight number and times of departure and arrival but they are now asking for boarding cards , tour operator invoices and airline tickets. None of which I have as the flight was 2010. Is this really necessary for my claim? Thanks, Andrea.

Hello,

As posted recently in the thread I have just had a successful claim. I did not have to produce anything other than the date, flights number and airports. How on earth they expect you to still have boarding cards is ridiculous. I would recommend contacting them again. Did you fill in the form in the martin Lewis page and sent that off as advised? This is all I did.

Tyzap

wedger16 wrote: »

Any reply much appreciated.
wedger 16

You need to be able to convince the judge that, on the balance of probabilities, you were on that flight. Get everything together that may help to convince the judge you were there, archived credit card statement can be requested at a cost, photo's, any friends also on the holiday who could confirm you were there etc

The fact this was very nearly six years ago means you are very short of time. You must start legal proceeding before the sixth anniversary of your delay.

You can make a subject access request of an 'organisation', I don't believe this includes a PLC tho so please check.

I have been through mediation once and we reached a compromise that we were both happy with, so it does no harm, IMHO, to give it a try.

It doesn't matter what they say about interest payments, it's up to the judge on the day, the rate could be negotiated if you go via mediation.

Good luck.

Mexas

Does anyone have the number to call so I can request cash rather than voucher?

NoviceAngel

You could try the number here :- http://forums.moneysavingexpert.com/showpost.php?p=67656751&postcount=6901

sging1

wedger16 wrote: »

4 in the party & we have made a claim in Small Claims Court. Flight was in July 2009, we have no documentation and travel agent will not go through his records of so long ago. About 3 years of emails between TC & myself, they know I do not have documents, but I maintain they have the passenger manifest. At no time have they said that we were not on the flight, is that not what they have to prove? We have our passports stamped, but credit card records long since thrown away. I want to make a Data Subject Access Request regarding Passenger Manifest, how do I do that & to whom do I apply?
In their written defence they state that they will pay if we provide proof that we were on the flight. They have also said that they will not pay interest.
Have just received Small Claims Direction Questionnaire (N180). Has anyone tried the Mediation Service via a telephone appointment? If so was it useful?
Any reply much appreciated.
wedger 16

This is another delay tactic. I have also had a case going on for a number of years for 13 people, been to court once and supplied everything requested even flight reference numbers. They agreed to pay last month to get the case vacated from the second hearing in court and then a few weeks later said they won’t pay unless we prove we were on the flight, correction they would only pay me. This was booked through P&O who supplied the flight references for us but TC want individual invoices.
I have already completed a N244 form to go back to court and attached a nice explanation letter to the judge.

It’s worrying they don’t know who is travelling on their planes!

I’m sure under EU regs its up to them to prove we weren’t on the flight, not the other way around.

Mexas

NoviceAngel wrote: »

You could try the number here :- http://forums.moneysavingexpert.com/showpost.php?p=67656751&postcount=6901

This worked a charm thanks!

Spoke to a friendly lady, gave my bank details who said it would be paid up to 28 days.

For reference and for anyone searching I received £480.00 (2 people) for flight TCX163 on the 27th June 2013. just short of 4 hour delay. Cancun to Manchester.

martyn_s_2

ive put a claim in, 8 hrs out delay and just over 3 hours return delay from mexico a few years back, only put claim in nov 2014, how long do Thomas cook have to reply ? surely there must be a time limit of some sort ! its been 4 months now, when i call i get the same old same old, theres a lot of claims, and we will get through them as quick as we can..

NoviceAngel

Have a read of Vaubans excellent guide, to answer your question if you've asked them to consider your claim they can take as long as they like, they'll take around 6 years!! you have to make things a little more formal, all in the guide.

Cheers,

NoviceAngel