Flight delay and cancellation compensation, Thomas Cook ONLY

Mbday

BigMerv - I have PM'd you a response on this.

BigMerv wrote: »

I am also pursuing an EC261/2004 claim for compensation for this flight delay.

Like Tireless my initial claim was rejected and then I received notification that the claim would be reviewed in the light of the Supreme Court decision. I also lodged a complaint to the CAA and received the same advice as Tireless.

On 5th January 2015 my claim was again rejected on grounds of extraordinary circumstances beyond TC's control.

I have lodged a claim in the Small Claims Court using the government Money Claim on Line service , cost £60. TC have elected to defend the claim and I am currently awaiting a date for a County Court hearing. I have deliberately chosen not to use a claims handling company.

I would be very interested to hear from any others seeking compensation for this flight delay and to learn of their experiences.

Tireless - I have sent you a private message with more details of my experience in pursuing this claim and would be very interested to share information with you.

sging1

picardygirl wrote: »

I dont know for a fact why it matters, but that's what it states in the offer, i have the documentation so no issue for me.

I assume it matters if we had free child place and didnt pay for one of the flights or something similar, like i say i dont know but it matters not, for me, as I have document.

Thomas Cook seems to be using this to delay payments and drag cases out further, they are doing it to me also. It’s easy to have all the documentation if your booking was in the last year or so, but how many would have this going back 5-6 years. I have this week been discussing this with the CAA and they have this on their website as advice:

"Providing evidence to an airline that you were on a flight
We believe that passengers are able to demonstrate that they were on a delayed or cancelled flight in a number of ways. If you no longer have the tickets, It may be that you have bank or credit card statements to support your claim.
It could also be that you have other evidence that helps support your claim like:
· emails from the airline
· luggage tags
· receipts from the airport
· phone records
· or passport stamps.
The airline should then use the information provided by you to check against their own records. If you have no evidence at all to demonstrate that you were on a flight, and the airline refuses to handle your complaint on that basis, you are able to make a subject access request (a request for personal information held about you by a business) under the Data Protection Act 1998. Airlines are able to charge up to £10 for providing information in response to a subject access request. You should provide the airline with some information so that they can find your records. This should be at a minimum the date of your flight, the departure and arrival airports and the passenger name/s. "

picardygirl

sging1 wrote: »

Thomas Cook seems to be using this to delay payments and drag cases out further, they are doing it to me also. It’s easy to have all the documentation if your booking was in the last year or so, but how many would have this going back 5-6 years. I have this week been discussing this with the CAA and they have this on their website as advice:

"Providing evidence to an airline that you were on a flight
We believe that passengers are able to demonstrate that they were on a delayed or cancelled flight in a number of ways. If you no longer have the tickets, It may be that you have bank or credit card statements to support your claim.
It could also be that you have other evidence that helps support your claim like:
· emails from the airline
· luggage tags
· receipts from the airport
· phone records
· or passport stamps.
The airline should then use the information provided by you to check against their own records. If you have no evidence at all to demonstrate that you were on a flight, and the airline refuses to handle your complaint on that basis, you are able to make a subject access request (a request for personal information held about you by a business) under the Data Protection Act 1998. Airlines are able to charge up to £10 for providing information in response to a subject access request. You should provide the airline with some information so that they can find your records. This should be at a minimum the date of your flight, the departure and arrival airports and the passenger name/s. "

sging1 - how long have they been dragging it out for you. We were offered an amount last friday up to and including interest to 26 March 2015 as long as we could produce booking invoice, which we did the same day. Please dont tell me another waiting game has to start

sging1

picardygirl wrote: »

sging1 - how long have they been dragging it out for you. We were offered an amount last friday up to and including interest to 26 March 2015 as long as we could produce booking invoice, which we did the same day. Please dont tell me another waiting game has to start

I was due back in court on a Tuesday morning back in January, the Friday before at 5.20pm, TC said they would settle and they asked the courts to vacate the hearing against my wishes, as I had nothing in black and white. It was vacated and after four weeks of constantly asking TC for the finer detail (and being ignored again) they then came back with an offer (consent order) for one person of my party of 13 and said the rest had to prove they were on the flight, even though this is the second time we have been in court. I could not send invoices as our flights were booked through P&O.

P&O sent Thomas Cook via Wightmans solicitors a letter with flight references, listing everyone of my party and confirming we were all on the flight, that was around two weeks ago and still nothing from them, they have ignored all my correspondence, as they always do until the last minute. I have updated the courts and we have a new hearing for the 8th April, due to the fact TC have never ever filed court bundles or any paperwork and now in default again as they should have filed papers by now, I have asked the judge to award a default judgment, long shot but TC cost me the last time by pulling out one business day before the hearing.

picardygirl

sging1 = mine case didnt ever get to court hearing, was stayed due to Huzar and has just been slow all along.

I actually got a copy of an email from Weightmans to my solicitor (using a NWNF company) listing exact amount, including actual interest etc, as long as i could produce paperwork, which as it was myself, hubby and one child was easy to do. I am hoping it should be quite straightforward now.

Good Luck next Wednesday hope you get it sorted finally!

Linzmarsh

Hi All,


After a 12 hour + delay with Thomas Cook last summer they have agreed to pay compensation for myself and my partner but not for our little boy, I went to the CAA and they have also asked Thomas Cook to pay compensation for him as they believe he is entitled to it but TC are still refusing. I understand that I can start a claim with the small claims court - has anybody else gone down this route? and does anyone know if I accept the money for the 2 adults now if that will effect the small claim?


TIA
Lindsay

NoviceAngel

Linzmarsh wrote: »

Hi All,


After a 12 hour + delay with Thomas Cook last summer they have agreed to pay compensation for myself and my partner but not for our little boy, I went to the CAA and they have also asked Thomas Cook to pay compensation for him as they believe he is entitled to it but TC are still refusing. I understand that I can start a claim with the small claims court - has anybody else gone down this route? and does anyone know if I accept the money for the 2 adults now if that will effect the small claim?


TIA
Lindsay

As long as you paid a commercially available fare for your child, NOT a free child place, then you are entitled to compensation. Read Vaubans excellent guide for more information.

Cheers,

NoviceAngel

Tyzap

sging1 wrote: »

I was due back in court on a Tuesday morning back in January, the Friday before at 5.20pm, TC said they would settle and they asked the courts to vacate the hearing against my wishes, as I had nothing in black and white. It was vacated and after four weeks of constantly asking TC for the finer detail (and being ignored again) they then came back with an offer (consent order) for one person of my party of 13 and said the rest had to prove they were on the flight, even though this is the second time we have been in court. I could not send invoices as our flights were booked through P&O.

P&O sent Thomas Cook via Wightmans solicitors a letter with flight references, listing everyone of my party and confirming we were all on the flight, that was around two weeks ago and still nothing from them, they have ignored all my correspondence, as they always do until the last minute. I have updated the courts and we have a new hearing for the 8th April, due to the fact TC have never ever filed court bundles or any paperwork and now in default again as they should have filed papers by now, I have asked the judge to award a default judgment, long shot but TC cost me the last time by pulling out one business day before the hearing.

That's an awful tale, I would give Wightmans a call informing them what has happened and that you have a new hearing date. Insist on immediate payment, direct into your account.

The court will not be happy with the way they have treated you or them. Wightmans would be very brave or stupid to return to the same court now.

It sounds like they will settle, but you must insist that you will not contact the court until you have received payment.

Good luck.

natsplatnat

Reporting a success on a flight delayed Oct 2014.... I last communicated with TC with a NBA (back in mid Jan). Have just not had time to proceed with claim online.... but I have just received an email from TC offering me £590 (for 2 adults) in vouchers!!! Just need to get them to send me the money instead now!


UPDATE: TC agreed to pay BACs.... apparently within 10 days!!? We shall see!

111KAB

http://www.telegraph.co.uk/travel/travelnews/11511055/Which-is-the-most-complained-about-airline.html