Flight delay and cancellation compensation, Thomas Cook ONLY

legal_magpie

If a child is injured in an accident which was someone else's fault (99% are in RTA's) the only way the person who was to blame for the accident can get a full discharge for a settlement approved by the Court. Otherwise the child, might try to overturn the settlement by issuing court proceedings as soon as he turns 18.

Also, there have been cases where the parents have spent the child's money and, on turning 18, the child tries to make a second claim against the insurers of the person who caused the accident in the first place. For this reason, a "Litigation Friend" (usually a parent) applies to the Court for an order approving the settlement. Once granted the Defendant gets a full discharge once he's paid the settlement sum and costs.

Technically claims by children in airline cases are governed by the same rules and the only way an airline could get complete peace of mind would be to have the settlement approved by the Court. In a small claim like this, such an application would be absurd, but the Airline are justified in seeking the indemnity before paying out. Indeed, they are not seeking a full indemnity in this case so I would agree their terms and then spend the child's money in the pub (oh what a giveaway)

PomBear

Interestingly, when I started proceedings against Jet2, I filled in all the relevant paperwork (litigation friend to my two children) and filed with court. Jet2 settled less than two weeks from hearing, but didn’t ask for any indemnity on behalf of the children. We spent the money on a family holiday, so at least my kids saw the benefit.

Given that the cut-off is six years to claim, presumably most children won’t be able to? Or does it work similarly to negligence? My husband, for example, suffered an injury as a toddler when a cot in a hotel room collapsed and trapped him against a radiator (leaving permanent scar tissue). He sued when he turned 18 as his parents never did.

Tyzap

Thanks Legal Magpie,

It sounds like it's just a technicality and nothing too onerous.

It just goes to prove, you're never too old to learn!

longwalks1

legal_magpie wrote: »

In the trade, we always called it a letter before action (LBA) but in this forum they prefer the term NBA (Notice before action). same thing

Thanks again legal magpie. I contacted them direct through their website but have heard nothing back yet. I dd get a message from Resolver saying it'd been long enough now to escalate my case with them, should i escalate with Resolver or keep chasing TC direct? Wasnt sure which method had more clout?

JPears

Legal action is the only real clout you have.

longwalks1

JPears wrote: »

Legal action is the only real clout you have.

Thanks JPears, would it be better to escalate through Resolver (only used them this year as I used them last year for an identical delay with TC and got compensated in about 2 or 3 weeks)


Or directly through TC? And do i just email them stating my message is the LBA/NBA?

JPears

Depends how much time you want to waste.
Resolver is, at the end of day a letter writing exercise.
You can do those letters better yourself, using Vauban's superb guide.

JHill85

Hi I'd like some advice and help with our situation please, we got treat really poorly and suffered a long delay, would like to know where we stand!

Just returned home from holiday and on our departure were delayed.

We were due to board at 06:25 and at 06:05(approx) the airport gate screen displayed next info at 09:00, with no indication of actual delay or explanation from any staff. at 09:00 this then changed to 09:15, at 09:15 this remained the same till 09:35 with no further update until we had to approach Newcastle airport staff to give us an update. They directed to a desk and gave us a £15 voucher for refreshments. This seemed low for a 8 hour delay given a meal in the airport was £15 alone...... the gate display screen then updated that we were delayed till 15:00 due to an 'bird strike'. This seemed very strange to us as we could see the aircraft being worked on and the tyres were being changed.

We finally boarded the aircraft at 15:20 the pilot stated on the comms that it was due to a lightning strike, however we were given a letter stating that it was due to a bird strike. We left the runway at 16:00. Upon landing, 2 auxilary power units failed to connect to the aircraft leaving the pilot no option but to turn off all power and we had to depart the plane in nothing but darkness and passenger phone lights. Doors eventually opened 13.5 hours later at Arrecife airport approx (21:00).

I've tried to reread replies on this thread and look into to anything legal, but this is our first delay every, and having a 11 month old and a 8 year old to entertain during this made some things a blue.

Was hoping some experienced people or infact some who may have even been on the flight may shed some light on my circumstances.

Regards and thanks for future help!

Tyzap

Hi JHill85,

If you could post your flight details, flight No, date etc we may be able to investigate.

It's not clear if you are due compensation from what you have been told so far.

It's worth putting those same details into a couple of flight delay calculators such as this one...

https://www.bottonline.co.uk/flight-delay-compensation/calculator

Good luck.

JHill85

I've ran it through euclaims and bottonline and they both say 400 Euro per passenger.

Flight was MT1368 from Newcastle > Lanzarote 20/09/18 @ 07:00.

Cheers