Compensation for delayed flights Discussion Area

mrs_cr

Hi All, I am new to this so please excuse my ignorance.
I have been complaining on and off to Thomas Cook regarding a flight some years ago. To cut a long story short when checking in our party of 6 were asked if we were on the fly cruise and when we confirmed that we were not, we were handed a letter saying that there had been a technical difficulty with the aircraft and a smaller aircraft was sent which would take the remaining passengers from Glasgow international to Edinburgh in 5 hours. We reached Edinburgh and were at the check in desk and were informed that there were only 3 seats booked for us on the plane and that three of us would be taxied back to Glasgow to try and catch another flight! We were greeted at Glasgow airport and managed to board a THOMSON flight 9 hours late. Thomas cook are stating that delays are inevitable and that our original flight was on time(without us obviously, and another 20 passengers) I went down the route of the CAA and was sent the following email today. I only have until the 29/07/14 to start a small claims action , but should I contact Thomas Cook first? Any help would be greatly appreciated.

Mrs *******

Case 2332980

Thank you for your patience with us while we investigated your complaint about the disruption of flight TCX827 on 29 July 2008.
We have reviewed the information available to us in accordance with new guidelines clarifying the “extraordinary circumstances” exception of EC Regulation 261/2004.
It appears from the information provided that the airline cannot rely on the “extraordinary circumstances” exception from the Regulation to refuse to pay compensation. It is our considered view that the airline have not taken appropriate measures to avoid and or minimise the disruption. As such, in our opinion, the disruption to your flight is of a type which means that the airline should pay compensation.
We have given our view to the airline and have asked them to pay compensation to you as required in EC Regulation 261/2004. Our view on this case is based on the information provided to us, is not legally binding and only relates to the flight concerned. Currently the airline maintains their position that extraordinary circumstances applies and they are refusing to pay compensation. However, we are not an ombudsman scheme and we are unable to impose a solution on an airline.
Whilst you are free to contact the airline again with our findings, if the airline still refuses to compensate you, it is for you to decide whether you wish to take further action on your complaint in court, as there is nothing more we can do on your behalf. You can find consumer advice on taking a case to court at the following link:
[

In the UK there is a 6 year statute of limitations which means that you can take your case to court up to 6 years after your scheduled departure date of the flight, in your case 29th July 2014.

Yours sincerely,

Harriet Merna
[

Airline/Airport:
It is PACT’s policy to forward any airline/airport reply about an individual case to the complainant where possible. It is imperative that any information that you consider is confidential, is identified as such.

Passenger:
The information you supply to us will be used by us to provide advice or resolve your complaint. This will usually involve sharing the information with the airline or airport you are complaining about.

Vauban

Can they not apply to an English court instead?

mrs_cr

Thanks to you both. I complained on initial return and in resort to the rep and was ignored. I wrote to the airline numerous times and on hearing the new legislation requested that Thomas cook reopened the case. as I was looking for compensation. The case has been ongoing for a year at least , would this come into account as it would fall under the 5 year time limit? I have all the correspondence from Thomas Cook. Even a message stating that my flight arrived on time!!! They neglected to consider that myself and 5 other family members including a 3 an a 7 year old, were refused boarding as our holiday was not deemed as important as those who were on a fly, cruise and stay.
Once again many thanks for your time.

Caz3121

mrs_cr wrote: »

The case has been ongoing for a year at least , would this come into account as it would fall under the 5 year time limit?

The 5 years cutoff is to commence court action. (the actual court case can be after the 5 years but you need to have commenced the process before the 5 years) As has been said this should have been a very simple claim for denied boarding
It is a pity you did not come here sooner
You mention you have been complaining "on and off for years", have you specifically claimed for compensation for "denied boarding"?
Although you are too late for court action in Scotland, it may be worth one last attempt with TC with a well worded letter specifically around denied boarding compensation

stewartmnd

Hi everyone, I have been in correspondence with a passenger who was on the same cancelled flight as me. They have just informed me that after submitting a claim via MCOL, BA have agreed to settle the compensation claim. Should I now write back to BA, as surely they have set a precedent, by paying out to one passenger.
Any advice would be most welcome.
Thanks

Vauban

stewartmnd wrote: »

Hi everyone, I have been in correspondence with a passenger who was on the same cancelled flight as me. They have just informed me that after submitting a claim via MCOL, BA have agreed to settle the compensation claim. Should I now write back to BA, as surely they have set a precedent, by paying out to one passenger.
Any advice would be most welcome.
Thanks

No legal precedent has been set; BA can settle with whom they choose. But it weakens their case nonetheless, and you may find them more amenable.

Here's a question for you though: why did BA settle with the passenger who started legal action, but not the passenger who just writes letters? Answers on a postcard ...

clippy_girl

clippy_girl wrote: »

I have just written a letter to easyjet re a 4hr 50 min delay coming back from Marrakesh. The template didn't say to include the reason but as the captain kindly told us I thought I would add it-

'The captain on the flight informed us the delay was due to the fact easyjet had only just acquired the plane and had resprayed it which had resulted in it being late leaving Ireland and arriving at LGW (to go onto Marrakech). '

Bloody shysters have come back saying it was extraordinary circs. Hardly think them scheduling a plane for flight the day after they bought it when they wanted to spray paint it is outside their control. Even if the paint was wet and it would have been unsafe they caused it!

Unless the captain lied to over 200 passengers on the plane and that is not the reason!

They have not actually told me what they allege the reason is.

I have gone back to them but expect to be knocked back again.

I was think of going to caa to get them to find out why it was delayed and if they say I should be compensated I am happy to take small claims action if they don't pay up.

Does this sound like a good course of action? Bit concerned that if I just took them to court now I don't have any evidence of why it was delayed other than what the captain verbally told the passengers (which my two friends can confirm as I am doing the claim for all 3 of us)

Thanks

David_e

clippy_girl wrote: »

I have gone back to them but expect to be knocked back again.

I suspect you are right; you should have made your letter an NBA so you can proceed to legal action as soon as possible.

clippy_girl wrote: »

I was think of going to caa to get them to find out why it was delayed and if they say I should be compensated I am happy to take small claims action if they don't pay up.

Does this sound like a good course of action?

Wasn't sure if you are winding us up! Search CAA or read almost any thread and you'll have your answer.

If the airline had a really strong defence, do you suppose they would be so reticent about letting you know?

lgb2100

Is it worth trying to make a claim for a 4hr delayed flight from Newcastle (UK) to Sanford (USA) that I experienced in 2008.

Reason for delay. A filter that had to be replaced had to come by road from Manchester Airport.

It was only noticed when the flight landed at Newcastle, hence the reason why there wasnt one available waiting for the flight to arrive.

Alan_Bowen

lgb2100 it might be but you are rapidly running out of time, 6 years is the absolute limit and there is a Court of Appeal decision due in the next month or so that 'may' reduce that period to 2 years, so start your claim now, assuming your flight was after July 2008.