Flight delay and cancellation compensation, Thomas Cook ONLY

sparky123456_2

I have previously won a claim agains Thomas Cook. Using the template from here. Last week another delay with Tc 6 years later 16 hours. All the letters state that there was a technical fault on the aeroplane 2 flights before ours. But then pilot said it was hit by lightning.
TC gave us a letter to make the online with them or should I use this templates. Any help as I know we have a claim I just don't want it dragging on like the last claim did (2years it took)

diane456

I've heard absolutely nothing from TC regarding my claims. With one I emailed them a letter before action and with the other I used Resolver. One has been escalated to chairmans office on Saturday. I don't think it matters how you do it - they will ignore you. I'm going to be issuing MCOL claims on one soon and we'll see if they respond to that.

diane456

Looks like I need to go to court then. I just phoned TC for an update and have been told two things.

The first email

Thanks so much for being patient whilst we investigated your recent enquiry about your flight and previous claim with Thomas Cook Airlines. I have now completed the review of your claim for flight tcx2873.

As you are aware, the previous investigation showed that the cause of the delay was as a result of a technical fault in which was not inherent in the normal course of activity.

A recent Supreme Court decision in the case of Huzar vs. Jet2.com, has resulted in a change to how EC Regulation 261/2004 is interpreted. This is the Regulation that provides for compensation payments for flight delays so we wanted to check if the outcome from your previous claim has changed as a result of this.

Following the review, under EC Regulation 261/2004 your case has been re-assessed and I can see from the aviation report that your delay was caused by a manufacturing defect of a part we had replaced on the aircraft. Based on this information under the revised EC Regulation 261/2004, technical faults due to manufacturing defects were not affected by the court ruling and remain classified as extraordinary circumstances, therefore I am unable to offer you compensation for your claim.

It’s so important to us to make sure that your flight is on time and you get the best possible customer experience so I’m really sorry that you experienced a delay on your flight with us. Thank you for taking the time to contact us and we look forward to welcoming you on your next holiday/flight with Thomas Cook.

And then the second

Thanks so much for being patient whilst we investigated your recent enquiry about your flight and previous claim with Thomas Cook Airlines. I have now completed the review of your claim for flight TCX2873.

As you are aware, the previous investigation showed that the cause of the delay was as a result of a technical fault in which was not inherent in the normal course of activity.

A recent Supreme Court decision in the case of Huzar vs. Jet2.com, has resulted in a change to how EC Regulation 261/2004 is interpreted. This is the Regulation that provides for compensation payments for flight delays so we wanted to check if the outcome from your previous claim has changed as a result of this.

Following the review, under EC Regulation 261/2004 your case has been re-assessed and I can see from the aviation report that your delay was caused by a bird strike to the aircraft intended to operate your flight. Based on this information under EC Regulation 261/2004, delays due to bird strikes were not affected by the court ruling and remain classified as extraordinary circumstances, therefore I am unable to offer you compensation for your claim.

It’s so important to us to make sure that your flight is on time and you get the best possible customer experience so I’m really sorry that you experienced a delay on your flight with us. Thank you for taking the time to contact us and we look forward to welcoming you on your next holiday/flight with Thomas Cook.

Kind Regards,

The chap I spoke with then went on to say that he has accidentally sent me the wrong email but the company position still stood. He says no pay out is due because the plane intended for our flight hit a bird. He says bird strike is extraordinary circumstances. I did say that, even if it was as he says, knock on effect cannot be used as a defence but he says according to TC it can. I also pointed out that the plane due to take us back to Manchester was say on the runway in Hurghada for 13 hours before we could take off as the crew needed their rest period. He said that was also a knock on effect.

So, please can someone help me with wording a claim as I am keen to get this off to them as soon as possible. Also, I believe I have to use an N1 form rather than MCOL as there are 5 people affected - is this right?

Thank you

111KAB

Read Vauban's Guide then issue 14 day NBA and yes use N1.


ps enjoy the compensation.

diane456

Already issued 14 day NBA. It's help with details of claim I need - how much information do I put etc.

diane456

ps - I will when I get it And I WILL get it !!!

111KAB

Just keep it simple in terms of the claim .... details of the flight, time delayed on arrival, flight number, date, route and passengers. Claim in € then 8% interest then convert to £ and finally add court fees paid. Obviously mention your claim is in respect of 261/2004.


Once, and if you receive defence you can see what excuse they have (maybe a new one, they seem unable to remember what the actual cause was) and go from there.

diane456

So far they have contradicted themselves so many times it's almost laughable! Thanks for the advise, I'll keep it simple and see what happens.

Scorpio666

Guys, kind of a success. Ive been battling with a 5 year old claim with Thomsons which is now going to court or at least the papers have been sent... But we had another younger claim with Thomas Cook, heard nothing for 11 months, after getting a "we are slowly working through" anyway weve gotten off out backsides and sent a chaser email.... meanwhile getting an LBA written expecting nothing back... but today we received £570 in vouchers. Ive sent an email back saying we want in cash and from the exchange rate last year and not today when we first contacted them along with 8% interest... will see what they say....

Scorpz

diane456

I've just sent this to the egyptian civil aviation authority to add to my case.

Hello

I was a passenger on Thomas Cook flight TCX2873 that was due to leave Hurghada on Tuesday 21st July 2015. This flight was delayed until 19.58 on Wednesday 22nd July 2015.

I am pursuing a claim with the airline under EC regulation 261/2004. Thomas Cook are claiming extraordinary circumstances and they are stating the delay was because of bird strike on takeoff. They are also stating there were technical issues caused by a manufacturing defect with a part on the plane.

The information we received from staff at Hurghada airport was that the plane had arrived approximately 7 hours late in Hurghada during the morning of 22nd July 2015 from Manchester (as flight number TCX2872) and the reason for the further delay in my flight taking off was that the crew were over their flying hours and needed a rest period.

Could you please answer the following

What time did TCX2872 land from Manchester on 22nd July 2015?
What was the reason TCX2872 was delayed arriving in Hurghada?
Why was there a further long delay before flight TCX2873 departed Hurghada (at 19.58 on 22nd July 2015)
Were you aware of any technical issue with the aircraft?
If so, what was this issue and how was it resolved?

I appreciate your help with this and look forward to hearing from you with responses to my questions.

Kind regards

Mrs B.