Flight Delay - 1 month short of 6 years ago

Wonga

We had a delay on a Manchester to Tenerife Flight of around 8 hours.

We paid extra for a daytime flight 2pm as we were travelling with young kids. Flight was delayed 8 hours (all other flights were leaving though).
Delay caused us to miss our connection at the other end with a costly taxi ride etc.

We only heard of the compensation about a month ago and quickly contacted Thomas Cook by their website and received an auto reply they are looking into it.

My worry is, they will delay the investigation making it go over the 6 years which will be a couple of weeks from now. (21/10/2007)

As we have contacted them, will this 'stop the clock' or will we still not be able to claim if it goes after 6 years even though they say they are investigating.

If it goes over 6 years, will we be able to claim via the courts as the claim was initiated within 6 years or is the 6 years to the start of the court application date?

Hope someone can help

Thanks.

JPears

6 year limit is court application date. Did your claim to TC include an NBA? If yes get your court papers N1 in NOW, if not then NBA letter to TC wait 14 days and if still within 6 years get your N1 in promptly after 14 days.
And read FAQs/taking airlines to court and TC thread thoroughly.
AND post only in TC thread.

Wonga

Hi, thanks for that, I am writing the NBA right now and will send it via email and send a copy by recorded post. This will give me about 4 days to file a small claims claim. Thanks for the info...

I will update this thread how it goes..!

Wonga

Hi
We have received this after sending the NBA letter....any suggestions?

Dear Mr xxx,

I am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.

Initially, I would like to apologise for the disruption to your flight plans. Please be assured that a lot of work goes on behind the scenes to ensure that any delays are kept to an absolute minimum, as we do fully understand the inconvenience and frustration these can cause.

It is not always immediately apparent as to when a revised take off time can be secured and a number of factors have to be considered, which quite often rely on outside influences, such as Airport Authorities or Air Traffic Control. We do appreciate the importance of communication, and I would assure you that information is passed onto our customers as quickly as possible, through our handling agents at the airport.

Having carried out a full investigation the specific circumstances surrounding the delay to your own flight were of a technical nature. These were extraordinary, in that Thomas Cook took all reasonable precautions necessary to avoid the situation, and despite our proactive measures the problem could not have been prevented. All our aircraft are maintained to a very high standard, in line with CAA regulations, however, despite these steps, mechanical failures can arise without prior warning. These unpredictable events can be likened to those we encounter with our own cars, despite having full service histories, or MOT’s.

In line with Regulation 261/2004 a payment of compensation would not be considered applicable in this case.

Please be assured that on-time performance is a key measure for us as a business, and we constantly review our operations to ensure we deliver the best results, and service. I would like to offer our apologies for any inconvenience you were caused on this occasion and I hope that despite this, your stay was found to be an enjoyable one.

Kind Regards,

Fiona Muirhead.

Customer Relations

111KAB

Yes Wonga - get submitting to court now as you have had a negative response to your NBA. Make sure you post on correct thread if you post again. It is important that you thoroughly read TC post as the court application must be 100% correct so that TC have nothing to question within the application.

Wonga

Hi 111KAB

Thanks for the reply. I am not 100% sure what you mean though?

Is there another thread on this forum to post to or to read?

Is there a specific method of making a claim in relation to this flight delay (I have used the small claims before for other minor matters)

Thanks for the advice.

Wonga

I was going to reply with this....
Dear Fiona

With reference to the list of extraordinary circumstances following the NEB meeting held on the 12th April 2013.

Please can you provide me with the following information without any further delay.

• The air carrier must provide proof of the circumstances alleged and it must also clearly demonstrate how these circumstances resulted in the flight disruption.
• After demonstrating the existence of extraordinary circumstances, the air carrier must also explain what reasonable measures it took to subsequently avoid the disruption.

If I do not receive this information within the initial 14 day deadline as my previous letter then I will continue with immediate legal proceedings.

Regards

111KAB

Wonga wrote: »

Is there another thread on this forum to post to or to read?

https://forums.moneysavingexpert.com/discussion/4384693

Mark2spark

Just get the court claim in Wonga, TC will mess you around for months on end if you let them.
I know you're new here and haven't caught up, but that 'breakdown is like our cars...' explanation has been posted on here at least 250 times and it's getting mind numbing now. The reason the other threads are so long is because people just keep posting the same old same old, hoping to be spoon fed the answers, without having to look up things for themselves.
This section of MSE has airline specific threads, and on page one of each thread there is a FAQ's post, with many many links.
The FAQ's are also a separate sticky, and there are other threads about how to take airlines to court, and template letters and virtually all that anyone needs to get going.

Mark2spark

Deleted as I double posted.

Wonga

Cheers Mark

Without sounding like I want the spoon feed approach, to start a claim, do I just do it via the MCOL website and explain in layman terms what is owed? or is there a specific format, i.e. a template?

Do I / Can I claim interest from the date of the delay?

I trawled through the TC thread and after about 8 pages I was seeing the same old.. and there was 90+ pages left...!