Flight delay and cancellation compensation, Thomas Cook ONLY

111KAB

Centipede100 wrote: »

The airline should have put the full defence in their submission. I would add this to the list of items they have failed and been unreasonable enough to provide which more or less forced you to commence legal action. Ensure the DJ is aware of this in your full witness statement.

As Centipede says however check your (their) hydraulic fuel situation as it should either be hydraulic oil or fuel. Hydraulic oil does not fuel a plane likewise fuel does not run in hydraulic lines.

maghater

Beach_Boys_Forever wrote: »

I recently complained to Monarch regarding a six and a half hour delay on a flight from Palma (Mallorca) to Manchester last September. They refused the claim so, as suggested on here, I contacted the CAA and supplied all my supporting documentation and previous correspondence. They replied, saying that as "you departed from another European country or from an airport outside Europe to an airport in another European country, I am afraid that we are not in a position to assist." Surely Mallorca, as part of Spain (they use the Euro!) is NOT outside the EU? Am I missing something? Any help would be appreciated.

had the same problem. Contacted CAA told me to take it up with AESA (Madrid). Has to send them a letter, as they don't do email, dragged on a bit but after about 10 weeks got a letter back saying TC hadn't responded to their request for information, however they had investigated, and found in my case. TC should therefore pay out 400 Euros per passenger. They are still refusing to pay, so off to court. Would hope the letter carries a bit of clout, after all it is up to TC to prove ec. If they had a good case, they would certainly have presented it to the AESA, if they had found in TCs favour I think my case would have been worthless

maghater

JUst had an email from Thomas Cook, requesting further information as to the cause, result, and damage caused to the plane. They are saying "ASU operator drove off while still connected to a/c". Anyone know what the a/c is previously they claimed the incident was caused by failure to disconnect a fuel pipe . Is it the same thing

bazaar_2

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.

Just my tuppence worth, I phoned TUI yesterday, got the usual apology for delay, but I asked them to confirm the address for serving court claim as the wigmore house address, which they did. Now is this misleading of them or is it correct address for filing? I,m halfway through my POC, so any advise gratefully received.

guyvxt

bgwuser wrote: »

Yes, we have had the same letter for TCX2026 on 16 Oct 2012 from MAN to Paphos.
It's total rubbish to compare their obligations in maintaining a commercial airplane to a private car breaking down. 6 days of NBA left.:mad:


Still wish Bunerk would get in touch with regard to their posted (880) success on this flight.:A

So after you recieved your standard reply, did you send the NBA letter?
Have you bothered with CAA ?

Tempted to try the NBA and then if still unsuccessful move to a no win no fee solicitor.

111KAB

guyvxt wrote: »

So after you recieved your standard reply, did you send the NBA letter?
Have you bothered with CAA ?

Tempted to try the NBA and then if still unsuccessful move to a no win no fee solicitor.

If you send a Notice Before Action you should proceed to the next stage i.e. Court application as 1) your NBA looks very weak if you do not see it through and 2) a no win/no fee firm (in the initial stages) will only go through the NBA stage like yourself and there is no guarantee they will take on your 'case' particularly if they think your NBA is wrongly worded or incorrect. IMO only use the NBA letter if you mean action ~ it should not be used as a threat.

111KAB

maghater wrote: »

JUst had an email from Thomas Cook, requesting further information as to the cause, result, and damage caused to the plane. They are saying "ASU operator drove off while still connected to a/c". Anyone know what the a/c is previously they claimed the incident was caused by failure to disconnect a fuel pipe . Is it the same thing

Presume a/c is AirCraft.

Okane1969

Hi,
I was just wondering if anyone was on the flight TCX635 from Sanford -Glasgow on 24th June 2012. We were delayed around 4 hours. Has anyone contacted TC with regards to compensation and if so how have you got on.

bgwuser

Yes - been waiting for CAA since mid December. CAA told me last week that TC had not replied to them (3 months) and they would write to TC again. I issued NBA to TC as they are clearly taking the mickey with me and the CAA. Thanks again to all MSE forum posters for their advice.

With regard to the interest calculation - does anyone know when you should start charging it (from date of delay? date of written complaint to TC? date of NBA?) and what is the end date? (is it the day you file MCOL?).

With regard to MCOL - is there a template out there for detailing the circumstances of the claim?

guyvxt wrote: »

So after you recieved your standard reply, did you send the NBA letter?
Have you bothered with CAA ?

Tempted to try the NBA and then if still unsuccessful move to a no win no fee solicitor.

surin

bgwuser wrote: »

Congratulations Surin. :beer:Please can you post which flight this relates to and if you would be willing to Private Message (PM) with anyone else on your flight? Even if you only want provide your claim reference number with TC and/or the CAA (and not your name) it would be of help to your fellow MSE forum members on the same flight. :AThanks

Just about to go out for the evening but will get back to you with flight info soonest!!