Flight delay and cancellation compensation, Thomas Cook ONLY

wedger16

Received full compensation for flight in July 2009 after years of fighting TC. Had to take them to court, judge threatened to throw their defence out & they caved in before we got to court. Won all monies due including interest (and that almost doubled the pay out) and court fees. Paid out last month direct into my bank account.

Vauban

Well done Wedger - that's the way to do it!

dawny10

Just revisiting this as have been trying to get compensation for a 5 hour delay on 30 May 2009 since last year. The CAA upheld it, finally getting back to me on 15 May this year (I lodged the complaint in November 2014) and they have asked Thomas Cook to pay me within 4 weeks. However I have had nothing back from Thomas Cook despite chasing (after the 4 weeks the CAA told me to give them) and I've just realised we have now gone over 6 years. Am I stuffed?

JPears

I'm afraid so.
Unless TC are stupid and don't realise, they can safely ignore you.
Sorry. That's the danger of wasting time going to CAA

dawny10

Thanks for the reply.
What a pain. I'm not sure I'd read how toothless the CAA was when I started this and after they said it was upheld I didn't twig that TC might just ignore.
Really annoying they can drag their feet like this to make it time out. Normally with court procedures you'd be expected to give them reasonable time to pay up - I'd have had to lodge my claim (without a LBA which is severely frowned upon) immediately on hearing from the CAA and without giving TC the 4 weeks I was told to.

Has anyone explored if any of the exceptions to the Limitations Act could be applicable?

dawny10

Actually, I've just re-read my letter from the CAA and in that they say that the airline has agreed to pay me the compensation.


"As such, the airline has agreed you are entitled to compensation.

The airline has confirmed they will be contacting you to arrange payment. We have therefore closed your file as the complaint has been resolved."


Does this change anything? If they have agreed to pay and then don't? This letter is (just) before the 6 years time limit.

JPears

If you have it in writing that they have agreed to pay - request a copy of the agreement from CAA you should get payment. I guess technically you could take legal action if the don't honour this agreement?

diane456

Finally got home early yesterday morning after a 22 hour delay. Apparently the plane flying from Manchester to Hurghada experienced a bird strike and had to return to Manchester. The passengers on that plane finally arrived in Hurghada with a 9 hour delay. The plane we were flown home on had to come from Turkey and arrived in Hurghada early hours of 22nd July (we were due to take off at 21.40 on 21st) but had to stay on the ground as the crew had to have a 13 hour rest period. We finally took off at 19.45 on 22nd July.
I have submitted a claim using the Thomas Cook online form.
Anyone else here from the same flight? I don't see they can argue bird strike as the entire reason for our delay as the plane was at the airport and ready to go at 6am on 22nd July but we were not able to leave due to crew flying hours.
Any advice as to what to expect next from Thomas Cook would be welcomed. I'm pretty sure they won't just pay up!

MickT2112

Hi , Looking for some help and advice please , on the 2nd July 2015 my daughter suffered a 22 hour delay on a flight from Corfu to East Midlands airport . She has contacted Thomas Cook and applied for compensation for the delay and time off work etc but they have replied stating that the delay was due to " Bird Strike " and they will not be paying compensation and have closed her case . Is there anyway we can take this further ? Thanks in advance

111KAB

MickT2112 - all explained in Vauban's Guide. Will require possible court application - DIY or NWNF.