Flight delay and cancellation compensation, Thomas Cook ONLY

Flygirl001

Hi all


Had a 6 hour delay from Cancun to UK last year for family of 4. Used Resolver and was offered 50% due compensation in vouchers. Said no....Went to CAA who agreed it was a case justifying compensation. Thomas Cook said to CAA they would contact me with compensation.......no they didn't. So issued a money claims online claim and am now awaiting their defence.
Excellent reading from Vauban - shall use it as a the cheat sheet.


Good luck to all in a similar position. :T

mariemt

Hi,

I started correspondence with Thomas Cook in May 2014 regarding a flight delay between Belfast - Cyprus in Oct 2013. They have dragged their heals over responding, when they first responded they said they that it was a technical fault and they were awaiting the result of the Huzar vs Jet2 case. They then further delayed by asking me to confirm I had permission to discuss the case - I booked and paid for the flights for my family to travel to my wedding in Cyprus, but I wasn't a passenger on that particular flight, I flew out from a different airport. I provide a letter from my brother the lead passenger which gave me permission to discuss the case, but I've subsequently received no further responses from Thomas Cook - either to confirm acknowledgement of the letter regarding permission to discuss the case, or in relation to the letters & email I sent stating that the Huzar vs Jet2 case was now at an end and Jet2 were unsuccessful, so could they now respond.

I then sent a NBA last August and have heard nothing since. Now I probably should have taken action then, but had been terribly busy with work etc and just haven't had the time until now to deal with the case. I wanted to get your opinions - should I contact the CAA first to see if they can help, or straight away go ahead with court action. If I start the small claims process, do Thomas Cook generally see it through, or are they likely to settle before court - past experiences would be appreciated. Also, will there be any problems in the small claim process with me not having been one of the passengers? My family are not very good at complaining or following through with this kind of thing, so I don't think they'll want to do it themselves... My mum and dad have never used email in their lives, so that says a lot!

I'd also love to know how TC recently dealt with cases in general - are there many successes without going to court recently? I'm sure there might be lots of posts on this, but with so many pages, I just don't have the time to go back through them all, I've gone through some. Thanks in advance to anyone who might have the time to respond and advise. x

111KAB

mariemt - just read Vauban's Guide - submit NBA - be patient - enjoy your compensation.

David_e

What 111KAB said.

mariemt wrote: »

I'd also love to know how TC recently dealt with cases in general - are there many successes without going to court recently? I'm sure there might be lots of posts on this, but with so many pages, I just don't have the time to go back through them all, I've gone through some.

The claim process is not too difficult but it is time-consuming and there are no short cuts if you do it yourself. If you or your family don't have the time, the best bet is to use a claims management firm. They will take a fee but you have very little to do and will get back most of the compensation due.

endaf

Hello again, my court date is set for the end of March & now need to start looking into how the actual hearing works. As in what the protocols are & what I call the judge etc?! Am I able to interrupt the defendants if they say anything I know to be false? Do I need to write up any statement that I’ll rely on during the hearing?
Id really appreciate any hints and tips from any of you who’s gone through the court case and how it works.

endaf wrote: »

Hello all, back asking for more advice (encouragement really!) regarding my long ongoing dispute with TC. long story short-flight delay of 26hrs & they are refusing to pay out as they are stating "extraordinary circumstances" due to a "power spike" they say caused by Gatwick power grid tripped out several of the planes systems. TC say in their defense that they tried to source replacement parts from Heathrow, tried to put on another plane of similar size but it was in spain & the crew were running out of their flying hours. they then state that they tried to source a new crew but failed, in all their report goes into near enough 100 pages, which to be honest has me rattled!
i have an email from Gatwick Customer Servies stating they are aware of the incident but have investigated and fond no fault from their systems & no other aircraft reported any incidents with their power systems.
TC say in their defense papers that they have reports from Gatwick stating that they are aware of problems with their power systems and talking steps to prevent an incident like this happening again.
So to be honest does anyone still think i have a realistic chance of winning this case? im planning on relying on the great info in Vaubans guide and back it up with all the previous court actions people have won against the airlines, along with this email correspondance thati have from Gatwick.
But if their report is 100% accurate, will the judge decide that TC could not have forseen the power spike incident and tried to prevent the delay as best as they could.
I have to fork out another £110 in court fees before the hearing but i dont want to throw money after bad if their case is strong.
Apologies for the long post, but i guess what im asking is for encouragement and that im still on the right track to get TC to admit their fault & pay me the compensation im entitled to.......thanks in advance.

legal_magpie

Best is to be guided by the Judge.You call the Judge "Sir" or Madam" as appropriate. No, you can't interrupt willy nilly. If you do you'll put the Judge's back up

JPears

It can be handy to have a friend present. (although they cannot speak) If either of you pick up on something that is wrong, inaccurate or you wish to question then make a written note of it. The judge can pick up and correct if he/she feels either party is going off track is is blatantly abusing the process.
Read Vauban's guide I think it has his court scenario written up. But basically, you will talk through a precis of your case adding any detail or highlighting anything in your written you think is pertinent. Defendent will do the same. Both will get a chance to question each other. Then sum up. then decision.

billyboyo

hi i was delayed 7 hours Glasgow to Tenerifeits taking 2 years numerous letters and finally Thos Cook have said yes you had the delay but as you did niot board the flight due to my nervousness to fly im not entitled to compen is this right anyone

legal_magpie

This doesn't make sense. Are you saying that because of the delay you decided not to travel at all?

David_e

billyboyo wrote: »

hi i was delayed 7 hours Glasgow to Tenerifeits taking 2 years numerous letters and finally Thos Cook have said yes you had the delay but as you did niot board the flight due to my nervousness to fly im not entitled to compen is this right anyone

If you didn't travel, you couldn't have been delayed. Compensation is payable to delayed passengers based on how late they arrived at their destination.