Flight delay and cancellation compensation, Thomas Cook ONLY

MrsW86

Our claim relates to an 18 hour delay in 2007.
We first contacted tc in January giving them a 14 day deadline, the 14 days passed with nothing so we emailed citing ABTA 28 days,
1 week later they emailed to say they would respond within 14 days. Again this deadline passed so we served an nba. They then responded with 'defence' that the flight was operated by a company that no longer exists and merged with tc after our flight (though merger date is before our flight), flight logs cannot be located so as they cannot determine e reason for delay they cannot pay compensation(!).
Following this we emailed stating that it is down to them to prove extraordinary circumstances and gave 14 day deadline before commencing court proceedings. Yesterday received a standard email, sorry we cannot resolve your complaint...'Whilst I understand that you believe that the delay was not caused by extraordinary circumstances, I can confirm that the root cause of the delay could not have been foreseen.' Contact caa if wish to take matter further....

Our original nba was served over 14 days ago, can we proceed to court straight away or do we need to serve nba again as they have corresponded with us in th meantime?

Extra info... It appears that the original aircraft may have suffered a hard landing at Manchester the day before it was due to serve our flight blowing its tyres, a dc10 or similar belonging to omni air was brought in to replace it but by the time it had done the delayed outbound flight the flight crew were over hours so our inbound delay was even longer. This is just stuff I've dug out from planespotter forums though so no way admissible in court and could be incorrect! Extraordinary circumstances???

Thanks

Ps there are a couple of others with the same 'defence' statements, if you get anywhere please let me know!

Mark2spark

MrsW86, you have now given them two 14 day deadlines, They may have corresponded with you, but the outcome isn't satisfactory, so it's off to court with no further notice for you.

maghater

MrsW86 wrote: »

Our claim relates to an 18 hour delay in 2007.
We first contacted tc in January giving them a 14 day deadline, the 14 days passed with nothing so we emailed citing ABTA 28 days,
1 week later they emailed to say they would respond within 14 days. Again this deadline passed so we served an nba. They then responded with 'defence' that the flight was operated by a company that no longer exists and merged with tc after our flight (though merger date is before our flight), flight logs cannot be located so as they cannot determine e reason for delay they cannot pay compensation(!).
Following this we emailed stating that it is down to them to prove extraordinary circumstances and gave 14 day deadline before commencing court proceedings. Yesterday received a standard email, sorry we cannot resolve your complaint...'Whilst I understand that you believe that the delay was not caused by extraordinary circumstances, I can confirm that the root cause of the delay could not have been foreseen.' Contact caa if wish to take matter further....

Our original nba was served over 14 days ago, can we proceed to court straight away or do we need to serve nba again as they have corresponded with us in th meantime?

Extra info... It appears that the original aircraft may have suffered a hard landing at Manchester the day before it was due to serve our flight blowing its tyres, a dc10 or similar belonging to omni air was brought in to replace it but by the time it had done the delayed outbound flight the flight crew were over hours so our inbound delay was even longer. This is just stuff I've dug out from planespotter forums though so no way admissible in court and could be incorrect! Extraordinary circumstances???

Thanks

Ps there are a couple of others with the same 'defence' statements, if you get anywhere please let me know!

Go straight to court the CAA, is only a delaying tactic, and they don't always go along with NEBs anyway. It is up to them to prove extraordinary circumstances not you. it looks to me as if they have contradicted themselves in your responses, not having the info because of missing logs, and then the route cause being caused by ecs . The court would love that

beetlebabrie

beetlebabrie wrote: »

THis is my first ever post but just want some advice what to do next. I went to Tunisia in August and the flight was delayed over 3 hours. We were told at check-in that half the flight were going on time and they had prioritised those who had paid for meals. Those who hadn't had the delay (despite paying for pre-booked seats!). We didn't arrive in resort until the following morning (original time had been around midnight, time to get some sleep before the first day etc) we missed the first night.

There was a lot wrong with the holiday but I used a template on here for the letter and just stuck to the flight facts and detailed what I wanted. I wrote to TC in November before the compensation details were in the news. I received an acknowledgement then nothing.

I wrote to them again in January saying how unsatisfied I was and expected a response within 28 days. Again I got a basic acknowledgement letter telling me they were investigating.

28 days have now passed and i'm unsure what to do for the next step.

Any help would be great thanks

Hi all,

I've had 3 complaints in to Thomas Cook, also CAA and ABTA. I finally got a response from TC yesterday saying my flight wasn't delayed so I am not entitled to compensation. I have checked flight status which shows the flight that went on time not the one I went on. There is no record of a later flight and am a bit stuck what to do now. I am going to search for a boarding card but not sure how else I can prove they split the flight into 2. Any ideas what I can do? :mad:

bgwuser

:jPost has just brought letter stating "In line with our obligations under Regulation 261, I would ask you to accept the enclosed voucher to the value of £712." I phoned customer relations and was told to send voucher (recorded delivery) to Thomas Cook Customer Relations, 2-4 Godwin Street, Bradford BD1 2ST with a covering letter requesting a cheque to replace the voucher - a delaying tactic as we have always rejected vouchers in our claim letters. Will see how long it takes to arrive.

If anyone else was on this flight - PM me and I will supply reference numbers and personal details to assist your claim.

:ABig thank you to everyone on the forum.:T

online1

Any advice on this would be much appreciated;

I have a few days remaining since i sent my NBA. Have waited 4 weeks for the CAA and no reply, feel they will reply with unable to help as my flight was out of the EU to Gatwick, from posts i have read.

When completing the forms for court action online, should i be claiming for a specified amount or unspecified? I know i am owed 2 x 600 euros for the flights, not sure if i convert from todays exchange or date of flight on 22/10/07? Also claiming for overnight accommodation, of which i have no receipt so not sure how that will go. Interest, i have seen someone post how to calculate the daily rate but what date would interest be payable from? Flight in 2007 but claim only started this January?
Any other costs or compensation i should add aside from court fee?

Thanks in advance for any help!!

guyvxt

111KAB wrote: »

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.

I decided to go with Eudelay.co.uk
I'm sure it will cost Thomas Cook more in the long run. Share price is still rocketing though, I sold out at 24p, they were at 120 this week.

guyvxt

bgwuser wrote: »

:jPost has just brought letter stating "In line with our obligations under Regulation 261, I would ask you to accept the enclosed voucher to the value of £712." I phoned customer relations and was told to send voucher (recorded delivery) to Thomas Cook Customer Relations, 2-4 Godwin Street, Bradford BD1 2ST with a covering letter requesting a cheque to replace the voucher - a delaying tactic as we have always rejected vouchers in our claim letters. Will see how long it takes to arrive.

If anyone else was on this flight - PM me and I will supply reference numbers and personal details to assist your claim.

:ABig thank you to everyone on the forum.:T

Excellent news, Kinda wish I had just gone with the NBA letter now but I decided to go with a no win no fee solution instead.

J_B

bgwuser wrote: »

:ABig thank you to everyone on the forum.:T

... and a big thank you to you for your PM's and e mails, which will (hopefully) help me with my claim for the delay on that return flight back to the UK

TCX2027
MAN-PFO
16/10/2012
7hr 20min delay!

Gorbar

Surprise, surprise , they have failed to reply to the Greek Authority 5 day letter. Just hope they impose the sanctions they have said they will impose. The 14 day deadline for the Court was yesterday, think they will defend it & I will certainly let the Court know how they cannot be bothered to reply, even after them informing me in January that they would reply shortly. A bunch of cowboys