Flight delay and cancellation compensation, Thomas Cook ONLY

Mark2spark

LMR77 wrote: »

I've just had a third letter off thomas cook still claiming extraordinary circumstances and they won't give me the details of the technical issue as its a private matter though we do know what it was as were told at the airport. I have wrote too CAA but haven't heard anything back yet, is my only option now to go down the NBA route or MCOL?
I wonder why some people are getting paid out with not much hassle after sending only a few letters and other people are having to fight for it!!

There is no penalty imposed on the airlines for continually giving you the run around and denying you. Even if the CAA agree with you, there's no penalty likely to be exacted upon the airline.
The only language they understand is court.

Mark2spark

alberto2012 wrote: »

Hi all.

I have just received a reply from t.CROOK)

It seems a standard response confirming my 22hour delay was due to "technical fault.... extraordinary circumstances".. "not entitled to compensation".. blah blah...

So I presume the next step a letter to the CAA using the template provided?

What is the ideal outcome I should expect from the CAA?

Do / can they enforce TC to pay out?

I am anticipating our next step is to be pursuing compensation through a 'small claims court'
Could someone point me in the right direction on how to start this process?

Any replies / advice would be really appreciated

Al

Have you read the FAQ's?

alberto2012

Mark2spark wrote: »

Good Lord.
The point of the FAQ's escapes me at this moment in time. :undecided

There's always one eh

blondmark

LMR77 wrote: »

I've just had a third letter off thomas cook still claiming extraordinary circumstances and they won't give me the details of the technical issue as its a private matter ...

Erm ... no it isn't; it's the subject of a legal claim.

The Practice Direction on Pre-action Conduct requires the parties to exchange all information and documentation relating to the claim prior to issue. The airline purporting that its defence is a 'private matter' is patently absurd and a gross breach of the Practice Direction. Your claim should include an additional claim for costs on an indemnity basis as a punitive measure against this refusal to disclose information relevant to the claim.

silloth123

After three letters giving no details or reasons why circumstances are considered to be 'extraordinary' -I got a cheque for 4X 400euros today.
The lesson is to persevere and ask for precise reasons for any delay.
Also, it is well worth calling the Customer Relations Team. Initially, you may have to hang on for 30 mins or so for a reply. If you do get through, be prepared for stonewalling and especially a claim that there is no -one to escalate to. There are Senior Advisors and Managers. Always insist that you want them to give details of the reasons for any delay. You might then get this climbdown:
Quote
As a result of your continued dissatisfaction I asked my colleagues at Thomas Cook Airlines for clarification about their reasons for defending claims on this occasion. I am pleased to confirm that they have reviewed their position and now agree that compensation is warranted in accordance with our obligations under current EU regulations'

The message here - they will insist repeatedly that their legal team has looked at the case and decided that compensation is not appropriate. Do not accept this without them giving REASONS - it looks in my case if they were trying to bluff it out.

blondmark

silloth123 wrote: »

After three letters giving no details or reasons why circumstances are considered to be 'extraordinary' -I got a cheque for 4X 400euros today.
The lesson is to persevere and ask for precise reasons for any delay.
Also, it is well worth calling the Customer Relations Team. Initially, you may have to hang on for 30 mins or so for a reply. If you do get through, be prepared for stonewalling and especially a claim that there is no -one to escalate to. There are Senior Advisors and Managers. Always insist that you want them to give details of the reasons for any delay. You might then get this climbdown:
Quote
As a result of your continued dissatisfaction I asked my colleagues at Thomas Cook Airlines for clarification about their reasons for defending claims on this occasion. I am pleased to confirm that they have reviewed their position and now agree that compensation is warranted in accordance with our obligations under current EU regulations'

The message here - they will insist repeatedly that their legal team has looked at the case and decided that compensation is not appropriate. Do not accept this without them giving REASONS - it looks in my case if they were trying to bluff it out.

Well done. You're right that passengers should never be fobbed off with a blanket excuse of Extraordinary Circumstances. As potential claimants every passenger who asks is entitled to fully particularised documentary proof of exactly what the nature of the alleged Extraordinary Circumstances were and how it is alleged that these circumstances put the delay entirely outside the airline's control.

If the airline refuse to provide this, then every passenger who wishes to claim is entitled to sue for their money.

LMR77

silloth123 wrote: »

After three letters giving no details or reasons why circumstances are considered to be 'extraordinary' -I got a cheque for 4X 400euros today.
The lesson is to persevere and ask for precise reasons for any delay.
Also, it is well worth calling the Customer Relations Team. Initially, you may have to hang on for 30 mins or so for a reply. If you do get through, be prepared for stonewalling and especially a claim that there is no -one to escalate to. There are Senior Advisors and Managers. Always insist that you want them to give details of the reasons for any delay. You might then get this climbdown:
Quote
As a result of your continued dissatisfaction I asked my colleagues at Thomas Cook Airlines for clarification about their reasons for defending claims on this occasion. I am pleased to confirm that they have reviewed their position and now agree that compensation is warranted in accordance with our obligations under current EU regulations'

The message here - they will insist repeatedly that their legal team has looked at the case and decided that compensation is not appropriate. Do not accept this without them giving REASONS - it looks in my case if they were trying to bluff it out.

Thanks silloth123, maybe it is worth me persevering with another letter to thomas cook then asking them again why my delay was extraordinary circumstances.

colinkelz

will i be entitled to claim for compensation they said flight arrived at tenerife late because they had to make unscheduled stop on way to tenerife to pick up a part for another plane that was sitting at tenerife
TCX 3147

(TCX) Thomas Cook Airlines UK 3147

(TFS) Tenerife, CI, ES to (GLA) Glasgow, SC, GB
Status:
Landed - Delayed 90 minutes
Last change to status more than 3 hours ago

DEPARTURE ARRIVAL Scheduled Departure: Scheduled Arrival: 12:55 AM - Sat Mar-16-2013 5:40 AM - Sat Mar-16-2013 Actual Departure: Actual Arrival: 3:05 AM - Sat Mar-16-2013 7:10 AM - Sat Mar-16-2013 (runway)

maghater

Think I might have missed a big trick, Have filed with MCOL, reckon I have a good case. My flight was delayed 8 hours due to incoming flight being delayed in uk due to an accident. They are claiming ec. Just been reading FINNAIR OYJ v TIMY LASSOOY, to me that is saying airline can only use ec for one flight, which in my case would be the outward fligh, not mine?

blondmark

maghater wrote: »

Think I might have missed a big trick, Have filed with MCOL, reckon I have a good case. My flight was delayed 8 hours due to incoming flight being delayed in uk due to an accident. They are claiming ec. Just been reading FINNAIR OYJ v TIMY LASSOOY, to me that is saying airline can only use ec for one flight, which in my case would be the outward fligh, not mine?

Essentially, yes. When you reach the disclosure stage, put a copy of this case and perhaps a legal commentary on it in with the evidence and produce it at the hearing. While you're at it, include whatever you can find on Xa ZR 15/10 in which the BGH held that that the operating carrier must show that it exhausted all efforts to avoid a delay by any means available to it including, for example, having available spare aircraft. Your flight was presumably so late because there were no spare aircraft.