Flight delay and cancellation compensation, Thomas Cook ONLY

Mark2spark

don_quiote wrote: »

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?

Was he refuelling the plane out of the kindness of his heart?
Or did TC pay a company to refuel the plane?
So, if they are paying a company to do a job of work for them, then the refuelling man is indirectly employed by TC via a third party?
Look up Principal and agent. TC are trying it on.
Time for NBA and court in 14 days time.

hippychicky

Hi hope someone can advise pls. Have been trying to get a response out of Thomas Cook for a 30odd hours delay we had to our flight from Gatwick to Fueteventura back in July 2007. Just received a reply after a second chaser to them from caa stating that as it was a mytravel flight they cannot locate the flight logs of the aircraft and therefore they are unable to assess my claim for compensation.Has anyone else had/know anything like this pls?
thanks for any comments x

jacksback

Mark2spark wrote: »

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.

Thanks Mark,, I rang them and was told "thats not a defence" and to email and get it reclassified and it will be judgement by default.

Mark2spark

Excellent. The Court desk clerks are actually quite helpful in my experience.

online1

hippychicky wrote: »

Hi hope someone can advise pls. Have been trying to get a response out of Thomas Cook for a 30odd hours delay we had to our flight from Gatwick to Fueteventura back in July 2007. Just received a reply after a second chaser to them from caa stating that as it was a mytravel flight they cannot locate the flight logs of the aircraft and therefore they are unable to assess my claim for compensation.Has anyone else had/know anything like this pls?
thanks for any comments x

I am also claiming for a mytravel flight in 2007, had the same excuse that they cant find the flight logs. Mytravel were merged with Thomas Cook by then so its a really poor excuse and hardly a reason to deny our claims from losing their records, by default in not being able to claim an 'extraordinary circumstance', i think we have a good claim. I have sent mine onto the CAA but will pursue further with small claims if they dont pay up.

robrymond

maghater wrote: »

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

Well this email was labelled 'Miss Chesters'...who is my partner. We both signed the document and correspondence previously by letter was to us both...but this never mentioned my name.

This was an NBA document...so the next thing I presume is an MCOL is it? Going to have to wait until the end of the month for that due to lack of money.

Mark2spark

robrymond wrote: »

Well this email was labelled 'Miss Chesters'...who is my partner. We both signed the document and correspondence previously by letter was to us both...but this never mentioned my name.

This was an NBA document...so the next thing I presume is an MCOL is it? Going to have to wait until the end of the month for that due to lack of money.

The email to 'miss chesters' is TC saying they have reached the end of the line, despite your notice to sue. So that is what you must to if you wish to advance any further.

hippychicky

Thanks online1. I have sent a copy of their letter to caa and will call in a couple of days to see what they have to say.

Mark2spark

Be careful these 2007 claimants, that you don't go out of time to commence court action, strictly 6 years from the date of the delay.

maghater

don_quiote wrote: »

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?

Sounds like you were on the flight out that we caught back? 23rd June 2012. I am waiting for a hearing date. You are lucky, that they have actually told you the cause of delay, I didn't find out until after I filed. As you have been advised the "culprit" is an employee of Swissport UK, and as such an agent of TC, there is also a CAA guide to refuelling you can get off their website. That talks about airlines appointing competent persons to observe fuelling etc.. I will let you know how things are progressing