Flight delay and cancellation compensation, Thomas Cook ONLY

batman44

purple_icecream wrote: »

Hello All,

I'm just on my 3rd claim which is my 2nd Thomas Cook claim (already been paid out 1x Virgin & 1x TC ).

So far they have made me an offer but I am pushing for the interest. They say I will not get the interest unless it went through the court, I have not started legal proceedings, but I have sent an NBA.

I spoke yesterday on the phone and today got this email:

"We believe that your intention to issue legal proceedings purely for the interest which then becomes payable under Section 69 of the County Courts Act 1984, is against the Overriding Objective of the Civil Procedure Rules. We have made you a reasonable offer to settle your claim at the pre-litigation stage thus there is no requirement for you to issue your claim at the Court.
We reserve the right to raise this point in respect of costs and the interest claimed should you issue proceedings unnecessarily on this matter."

I told him on the phone that they won't send someone all the way from Manchester to Northampton court just to defend £500 of interest, plus they will lose the court fee too, and I said that I am happy to proceed with court action. What's your view, are they calling my bluff? I'm not familiar with this section 69, have you come across it before?

Would be interested to hear what you all think Thank you

Although it pains me to say it but TC are right, and they will defend and claim cost from you. You have no legal right to interest at this stage, only at court and they have made a reasonable offer.


Take the money, if you carry on you will lose if it's just the interest your after.

purple_icecream

JPears wrote: »

If you have not started any legal proceedings and you push this to court, the court will most likely look unfavourably upon you.
Potential interest only becomes a legal possiblity, not certainty, once litigation has commenced.

batman44 wrote: »

Although it pains me to say it but TC are right, and they will defend and claim cost from you. You have no legal right to interest at this stage, only at court and they have made a reasonable offer.


Take the money, if you carry on you will lose if it's just the interest your after.

OK, thanks both for your advice, I will accept the offer

mart123456

hi i was delayed for seven and half hours on a thomas cook flight to rhodes there were three full paying passengers i filled the template letter in calculating the rough amount i was trying to claim back for three passengers which the template letter told me to do, i have received a email back from thomas cook saying i have a claim and said they are going to send me a holiday voucher for £900 my calculations for the amount is a lot higher than what they have offered and i have never heard anyone getting compensation via a voucher to be used only on a thomas cook holiday can they do this ??

Grumpelstiltskin

Mart Put voucher into the search this thread box and you will find your question has been asked and answered dozens, maybe hundreds of times.

picardygirl

So after TC/Weightmans finally offering settlement from my claim in July 2103 on 26 March 2015, I have finally today received the money.

I've posted prior in this thread but they do get swallowed up a bit.

I used Blueway Ltd (NWNF company) to do my claim as i gave up ...... yes they've been successful albeit extremely slow and have had to constantly chase, but to add insult to injury they've (or the solicitors they use) have tried to knock me for the additional interest i was awarded by Thomas Cook! Why do these companies make it so difficult for themselves, what did they hope i'd forget!?

Its been agreed i'm owed the interest too, so thats en route to me too now, but its not been easy!

My best advice (especially now Huzar has been successful) follow all the guidelines and advise on here and do it yourself! Or use a better NWNF company.

Good luck everybody

fussymoo

Hi there, I am new to forum and am wondering has anyone had a successful claim for compensation for the 25hour delayed flight TCX1519
returning from Hurghada to Gatwick ln 25/06/2014.
I have tried for almost a year now and they are still claiming 'extrordinary circumstances '.
I have proof two other passengers have been compensated. I feel discriminated and even contacted the CAA and involved resolver but no joy. Do I escalate to court action...help please...

111KAB

fussymoo - read Vauban's Guide but yes sounds like a win in court for you.

fussymoo

Thanks for the advice, I have sent details to Bott solicitors so I'll just have to see now...I don't see how they can pay one passenger and not another, this is discrimination we were on the same flight!!

fussymoo

Hi there I've just seen your message and am intrigued to know which flight you were on.....We were delayed 25 hours from Hurghada to Gatwick eleven months ago and given exactly the same excuse. I know for a fact another couple were paid out back in October who were on the same flight but Thomas Cook refused to comment on individual cases work that one out....

Andrea_Plumpton

I have just received an e mail offering me flight delay compensation for a recent trip. Do I have to except vouchers or can I have the refund in cash?