Compensation for delayed flights Discussion Area

Mark2spark

millymollie wrote: »

Hi there and thanks for the info

I did complain to TC last yr when we returned from holiday, however I don't have the letter they sent me at the time saying it was a technical problem.
I called their directors office today to discuss their reply and they said it would take 10 working days to reply to me regarding the "extraordinary circs"
I will wait to see what they come back with.

questions
1- Can I trust them to be honest with me regarding their explanation- I have checked on flightstats but our flight isn't listed??
2- I will then sent the NBA to them, when I make a MCOL do I have to make separate claims for each of the passengers in our group-there are 9 altogether?

Many thanks - I hope everyone has success in this matter!

1) Don't let on that you don't possess the letter any more. In fact refer to it freely as if you have it to hand as evidence.
2) No

Mark2spark

Andrelesser wrote: »

Hi all, experience with Thomas Cook:

23hrs flight delay from Manchester to Cuba (engine failed, had to return to departure airport, next flight 23 hrs later...)

I don't suppose this is the same flight as the poster 'Robrymond' is it?

Might be worth swopping some PM's to see if you can build up any further evidence.

rusty_frog

Mark2spark wrote: »

I have observed an increasing number of posts from people that are getting the same reply from Thomas Cook, ie a fob off.
It doesn't appear to have been mentioned on this thread, but TC have just announced a near £500 million trading loss for this last year, this is right after a £1.5 billion rescue package last year.

This is a company that is in trouble.

Whilst several million pounds of compensation payouts are not going to be the straw that breaks the camels back - the damage has been overly done at a much higher level - IMO some form of bankruptcy is a potential for this company.
I do not know whether the airline and the package tour company are linked, and if one goes, so does the other.

But my point is that, forum members might devote a considerable amount of time, and expense, in pursuing a successful county court claim against TC, that will remain unpaid, leading to more expense of issuing enforcement proceedings... and if they then go into insolvency their debt with you will not be paid.

So what I'm saying is that you are faced with a devil and the deep blue sea style dilemma, and that you should be prepared to not be reimbursed your expenses of court action if my overview proves correct.

Extract from Thomas Cook Group PLC "financial results and performance review"

dated 28/11/12
£m (unless otherwise stated)
Year ended
30 September 2012
Year ended
30 September 2011

Year on year change
Revenue
9,491.2
9,808.9
-317.7
Underlying gross profit
2,069.7
2,160.0
-90.3
Underlying profit from operations3
156.1
303.6
-147.5
Share of results
of associates & joint venture

2.1

(2.3)

+4.4
Net investment income/(loss)
0.4
(4.8)
+5.2
Finance charges
(145.9)
(121.9)
-24.0
Underlying profit before tax
12.7
174.6
-161.9
Separately disclosed items
(498.0)
(572.8)
+74.8
Loss before tax
(485.3)
(398.2)
-87.1
Tax
(104.8)
(119.8)
+15.0
Loss for the year
(590.1)
(518.0)
-72.1

Underlying (loss)/earnings per share (p)
(3.7)
11.7
-15.4
Basic loss per share (p)
(67.2)
(60.7)
-6.5
Dividend per share (p)
-
3.75
-3.75
Net cash flow 4
245.0
(80.1)
+325.1
Net debt
788.3
890.9
+102.6

As Mark2Spark has already indicated, This company aint too healthy!

Mark2spark

Another observation of mine that might be of use to forum members.
I note that some posters are not being supplied with documentary evidence of the flight delay *reason*, if asked for.
It strikes me that a little bit of research into what can be asked for under the Freedom of Information Act might be worth pursuing.
For the more bloody minded of us of course...

rusty_frog

Mark2spark wrote: »

Another observation of mine that might be of use to forum members.
I note that some posters are not being supplied with documentary evidence of the flight delay *reason*, if asked for.
It strikes me that a little bit of research into what can be asked for under the Freedom of Information Act might be worth pursuing.
For the more bloody minded of us of course...

Any suggestions as to "where to start"?

From a bloody minded frog!

rusty_frog

Mark2spark wrote: »

Another observation of mine that might be of use to forum members.
I note that some posters are not being supplied with documentary evidence of the flight delay *reason*, if asked for.
It strikes me that a little bit of research into what can be asked for under the Freedom of Information Act might be worth pursuing.
For the more bloody minded of us of course...

Just been on to a ,Gov site.
Seems the act only covers the public sector.

• government departments
• local councils
• schools, colleges and universities
• health trusts, hospitals and doctors’ surgeries
• publicly funded museums
• the police

Pity it dosent cover Thomas Cook!

robrymond

Mark2spark wrote: »

I don't suppose this is the same flight as the poster 'Robrymond' is it?

Might be worth swopping some PM's to see if you can build up any further evidence.

Sounds very much like it. I have not sent my letter yet as busy at work but expect a similar response. Thanks for all the help so far! My letter also says operationally significant defect so they pretty much have ruled out extraordinary circumstances themselves.

Mark2spark

rusty_frog wrote: »

Just been on to a ,Gov site.
Seems the act only covers the public sector.

• government departments
• local councils
• schools, colleges and universities
• health trusts, hospitals and doctors’ surgeries
• publicly funded museums
• the police

Pity it dosent cover Thomas Cook!

I wonder what department lists any airplane/airport incidents (like a truck hitting a plane/plane overshooting end of runway) - if any of course.
Just an idea of mine, just musing really.

YourLocalGP

In case it helps anyone: My email to BA regarding a 6-hour delay from Houston to London back in 2011 was acknowledged 14 days ago:

"We appreciate your patience as they will spend time looking into your comments before responding"

The reason given on the day was staff sickness.

Looking at some of the fobbings-off people have posted about 28 claim period, etc, I am glad I wrote to them quoting the EU ruling three days after the flight.

limar

I didn't complain within 28 days of returning. Does this mean I can't claim?