Flight delay and cancellation compensation, Thomas Cook ONLY

blondmark

chili2001 wrote: »

My solicitor has just informed me that even though she thinks we would win in court, the decision would be unenforceable if they decided not to pay up as Thomas Cook run at a loss and therefore have no assets apparently?

That's curious advice. Everything in all their offices down to the last paperclip is an asset unless it's leased from somebody else, as are all their planes. THESE GUYS will make short work of those assets.

daz1onlym

With the 14 day Notice of Action letter, is it ok to email or post it?

chili2001

Centipede100 wrote: »

Really! So how are the airline paying their staff, continuing to lease aircraft and paying the fuel bills?!!!

So what are you going to do now? Change your solicitor or do what Mr Halsall did?

To be honest, I think my solicitor is under strict instructions from my insurance company (who is footing the bill) to try and dissuade me from court action. It hasn't worked, I've instructed her to proceed and I will send the bailiffs in myself if we win and they don't cough up!

galasteve

Mark2spark wrote: »

1) Only contact them again in order to comply with pre action conduct rules, ie NBA letter.
2) Two bookings, two different actions IMO, unless you are named as the lead passenger on both bookings.
You will need to name all passengers on any court claim, and I believe - IANAL - that you need letters of consent from each adult that you can act on their behalf.
3) Again, IMO, - IANAL - you should look at using Form A of the European small claims track, details in the FAQ (maybe under the suing Ryanair link)
4) Check the upper limit of claim amount and split accordingly.

Thanks Mark2Spark - you mention there it is 2 different actions unless I am the lead passenger on both - it was the same holiday, just that my mum (the person who this action is under) booked for the 8 first with her, then she added myself and wife to the booking. so technically it was two booking references but it all came under the same holiday etc. i.e. The payment for both bookings came directly from my mum.

if I go through english courts, which I am entitled to do the upper limit is £5000 (i think) so that covers both claims together if we can do it that way.

PS - can I please PM you my NBA letter for review?

chili2001

This makes more sense, this is the email I got from her;
Dear ******,!
Thank you for providing with additional information for Thomas Cook and all of their assets nationally. Thomas Cook is divided in to factions and comprise many subsidiary as well as parent companies to protect their assets (for many reasons including avoiding paying for!claims!).!The assets we check are against the company number of the part of Thomas Cook you contracted with. In this instance, you contracted with Thomas Cook in Peterborough!(company number!3772199) and this for whom we must conduct the financial checks against. Unfortunately they do not have assets however, moving forward I advise instigating proceedings with a view to them paying once they receive our Letter of Claim.!
Kind regards,
****

galasteve

Which English County Court should I serve the papers to for Thomas Cook? is it Bradford or Peterborough? or somewhere totally different

galasteve

Centipede100 wrote: »

I take it the sheriff's court have advised you must serve your claim on the defendant?

If so, you should serve this on the Peterborough address, FAO The Company Secretary.

For the avoidance of doubt, send it first class and ensure you obtain a free proof of postage from the PO counter.

No, I havent had any correspondence with the Sherriff's court. I'm just trying to make sure I know what is going on re: legal stuff before I send my NBA letter to thomas cook. If possible, I think it may be easier for me to do it through the english court system (using the european form?) under one case as their claim limit is higher than the scottish court. If I have to go thru Scots court it would mean submitting two cases as the claim limit of £3000 is not sufficient for my case.

I have drafted my letter and addressed it to the customer relations agent (Mr McGeough in Bradford) that has dealt with my case. Is this correct or should I address it to the company secrteary as you mentioned above?

Can I serve the NBA over email or do I have to send it postal?

CURRYPOTTY

I just replied requesting a cheque. I got one two weeks later. ;0) good luck

bargain_hunter_2

Just received offer of £1500 in vouchers for delayed flight in 2011 - nowhere near what we were entitled to but willing to accept as cash as opposed to vouchers.

Just emailed them and thanked them for the offer but requesting a cheque !!! Fingers crossed - this was from one letter (templates from on here)
Thanks to everyone for the hard work you put inhere and the advice -would never have claimed otherwise

All we need now is the cheque :T

MCSAVE

I've received my court date through the post, looks like I've got to pay £165 for the pleasure. Interestingly the judge has directed that we mediate before, even though TC have refused to. I've got 3.5 weeks to get my bundle together for a court case in June. I'll call the mediation service next week to show willing. In my official defence TC have not given an exact reason, they just said it was EC, but they have told me previously that it was a hydraulic fuel leak. Should they not have put that in their defence, or should I just take it as read that their defence will be the leak? I've not got long to pull my defence together, Centipede has been good enough to send me some details by PM and anybody with knowledge of this specific defence would be great to here from.