Flight delay and cancellation compensation, Thomas Cook ONLY

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  • Judy_B_2
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    Just received a response from Thomas Cook re our flight delay in 2012. They are asking for one of the following: Tour operator invoice, Airline tickets or boarding passes. I booked this through my local Thomas Cook and have moved house since and do not have any of these. As I booked with my local branch would they supply me with a copy of my invoice? Thanks
  • mickd1963
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    Hi
    Maybe some one on here can help, ive posted my flight details to thomas cook using the template on resolver via money saving expert but i have no proof ie boarding passes etc as it was 17 dec 2010, a 6 hour delay to Goa was told at the time a technical issue, i did not receive a reply in 20 days and now i have escalated the dispute to a senior independent director, has any one else been blanked by TC the silence is deafening, i have found flight delay details using flight status which was free but does anyone know where or how i can prove actual boarding.

    Thanks Mick
  • David_e
    David_e Posts: 1,498 Forumite
    First Anniversary Combo Breaker
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    Judy_B wrote: »
    Just received a response from Thomas Cook re our flight delay in 2012. They are asking for one of the following: Tour operator invoice, Airline tickets or boarding passes. I booked this through my local Thomas Cook and have moved house since and do not have any of these. As I booked with my local branch would they supply me with a copy of my invoice? Thanks



    Please look at this thread "Flight Delay Compensation Important Info - Please check before posting"

    http://forums.moneysavingexpert.com/showthread.php?t=4896454

    Any questions after you have read that, please post on Thomas Cook thread. The board becomes unusable if everyone posts a new one.

    On your specific point, why not just ask them and see what they say?
  • David_e
    David_e Posts: 1,498 Forumite
    First Anniversary Combo Breaker
    edited 22 April 2016 at 5:19PM
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    mickd1963 wrote: »
    Hi
    Maybe some one on here can help, ive posted my flight details to thomas cook using the template on resolver via money saving expert but i have no proof ie boarding passes etc as it was 17 dec 2010, a 6 hour delay to Goa was told at the time a technical issue, i did not receive a reply in 20 days and now i have escalated the dispute to a senior independent director, has any one else been blanked by TC the silence is deafening, i have found flight delay details using flight status which was free but does anyone know where or how i can prove actual boarding.

    Thanks Mick

    Download & read Vauban's guide;

    https://dl.orangedox.com/GdfSa4xUZdZI5GJadr/Vauban%27s%20Guide%20to%20Claiming%20Flight%20Dela%20%20y%20Compensation.pdf

    Don't hang about. If you are in England or Wales you have until December to make a small claim court application.

    See also this thread "Flight Delay Compensation Important Info - Please check before posting"

    http://forums.moneysavingexpert.com/showthread.php?t=4896454
  • DIYBaldyman
    DIYBaldyman Posts: 103 Forumite
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    mickd1963 wrote: »
    Hi
    i have found flight delay details using flight status which was free but does anyone know where or how i can prove actual boarding.

    Thanks Mick

    Hi Mick,

    There are a few recent posts about proving boarding & several options. Under the EC Regulation itself the requirement is to provide evidence to show that 'in the balance of probability' you presented for check-in. Therefore you do not need boarding cards or to prove you were on the flight.

    A confirmed booking reference, invoice to prove the flight was paid for, credit card receipts / statements for airport parking, duty-free goods etc..., airport lounge sign-in / out records, stamps in passports at the destination airport etc... could all go towards tipping the probability in your favour in the absence of a boarding card.

    Having said that, the airline will use the boarding card issue & whatever else it can think of to stall, blank, ignore you in the hope you'll give up, on balance, 261/2004 claims are not taken seriously by the airlines until either a Letter Before Action or actual notice of court proceedings are received (see Vauban's guide)...

    As David_e pointed out, your case is fast approaching the 6-year statutory England / Wales time limit for the airline, you need to have issued legal proceedings before the 6-year mark, after that time they can walk away without liability (the law as it is unfortunately).

    I'll reiterate - download & read Vauban's guide - there are numerous links to it on this forum - & if you believe you have a valid claim issue a LBA as soon as possible, then if no joy or response, start legal action through the online method.

    If you need any help in the meantime post your questions on here.
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    SUCCESS THROUGH PERSEVERANCE.
    Flight delays - Vauban's Guide has been of immense help - please read it before posting questions - I'll be surprised if your answers aren't in there.
    April 2016 - successfully claimed €1600 from Thomas Cook for 6 hour delay in August 2015
    Old debt passed to collection agency? Issue CCA request & possibly have debt rendered unenforceable. Feb 2021 - £42 of old debt legally written off & cost £1 per account.
  • 111KAB
    111KAB Posts: 3,645 Forumite
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    JPears wrote: »
    A heavily biased opinionated report methinks! Noting several times the "judge was wrong" - only in his/her opinion!
    And still quoting the debunked CAA EC list!


    Only trying to give diverse opinions - I would go for the jugular (as I did) .... plus having - personally - challenged the EU list (in Brussels) I believe any one entering the arena of court action should be prepared for the 'battle' rather than think, as Martin says, this is simply a letter writing exercise.
  • CannyCaz
    CannyCaz Posts: 8 Forumite
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    Hi, can anyone give me any advice on getting my compensation in money, rather than vouchers?

    Thomas Cook have admitted that I'm entitled to the compensation, but precisely 30 minutes after offering me vouchers "in full & final settlement" (i.e. I had no time to respond and say vouchers weren't acceptable), they sent me the vouchers. I emailed them within the hour to say I wanted cash, not vouchers, but this message was completely ignored; a week later I mailed again (Chief exec this time), this too was ignored, today - another week later - I've mailed again, but I'm not hopeful that I'll get a response, even though I've made it clear in the subject line and the body text that I'm making a complaint.

    I'm not sure where to go next as the issue is no longer whether or not I'm entitled to compensation, just the form in which it's paid.

    Thanks in advance for any help!
  • David_e
    David_e Posts: 1,498 Forumite
    First Anniversary Combo Breaker
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    CannyCaz wrote: »
    Hi, can anyone give me any advice on getting my compensation in money, rather than vouchers?

    Thomas Cook have admitted that I'm entitled to the compensation, but precisely 30 minutes after offering me vouchers "in full & final settlement" (i.e. I had no time to respond and say vouchers weren't acceptable), they sent me the vouchers. I emailed them within the hour to say I wanted cash, not vouchers, but this message was completely ignored; a week later I mailed again (Chief exec this time), this too was ignored, today - another week later - I've mailed again, but I'm not hopeful that I'll get a response, even though I've made it clear in the subject line and the body text that I'm making a complaint.

    I'm not sure where to go next as the issue is no longer whether or not I'm entitled to compensation, just the form in which it's paid.

    Thanks in advance for any help!

    If you are not sure, you probably haven't read Vauban's guide referred to regularly on the forum.

    Vauban says "2.4 You are entitled to this compensation in cash, and you are not obliged to accept a voucher (which may have a number of terms and conditions attached to it)."
  • DIYBaldyman
    DIYBaldyman Posts: 103 Forumite
    First Post Combo Breaker First Anniversary
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    CannyCaz wrote: »
    precisely 30 minutes after offering me vouchers "in full & final settlement" (i.e. I had no time to respond and say vouchers weren't acceptable), they sent me the vouchers.

    I'm not sure where to go next as the issue is no longer whether or not I'm entitled to compensation, just the form in which it's paid.

    Thanks in advance for any help!

    As an initial step - if you have a Facebook account, join the Thomas Cook Airlines page & send a private message to the page's admin team. Although not able to make decisions, I found them to be very good at passing on messages between departments. Let them know what happened, tell them you're being ignored, give them your booking & case reference numbers & give them, say, 48 hours to see what they can do.

    Failing that I would write directly to T.C.'s legal department (adress below) with a Letter Before Action (see Vauban's guide) but add a paragraph stating that they have already accepted liability by offering vouchers, you don't accept & are requesting settlement in GBP.

    Hangar 1,
    Western Maintenance Area,
    Runger Lane,
    Manchester Airport,
    Manchester,
    Lancashire,
    M90 5FL,
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    SUCCESS THROUGH PERSEVERANCE.
    Flight delays - Vauban's Guide has been of immense help - please read it before posting questions - I'll be surprised if your answers aren't in there.
    April 2016 - successfully claimed €1600 from Thomas Cook for 6 hour delay in August 2015
    Old debt passed to collection agency? Issue CCA request & possibly have debt rendered unenforceable. Feb 2021 - £42 of old debt legally written off & cost £1 per account.
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
    First Anniversary First Post
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    UNLESS: the amount being offered in vouchers is more than the amount you'd be entitled to in cash AND you are likely to go on another Thomas Cook holiday in which case it's probably worth accepting them
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