Flight Delay - 1 month short of 6 years ago

Vauban

This is not a research service. Please look at the FAQs and use the search facility above. The "Taking the Airlines to Court" thread will also be useful to you. But it keeps getting buried, because people start their own threads instead.

Mark2spark

I can't answer any clearer than Vauban, and i shouldn't really be answering as it's getting now to be another thread that just points people in the direction of the FAQ's.

I wish we had a way - none of us have admin capabilities - to direct newbies to the FAQ's before they post.

Wonga

Hardly a newbie since I have been here since 2004. The FAQ (to my knowledge) does not have the information I asked for and will stand corrected if it is blatantly obvious.

The thread I was referred to has 100's of pages, 1,000's of posts of the 'same old' questions with no real direction other than they all relate to TC, I thought I would ask a simple question about the MCOL procedure.

I never said it was a 'research service', it is a forum, and it is reasonable to ask questions relating to information that is not easily located? You even said yourself it is buried.

If it really frustrates you to see a forum being used for its designed purpose, then just ignore my thread?

David_e

Wonga wrote: »

The FAQ (to my knowledge) does not have the information I asked for and will stand corrected if it is blatantly obvious.

You stand corrected:

https://forums.moneysavingexpert.com/discussion/4421185

which links directly to this:

https://www.moneyclaim.gov.uk/web/mcol/welcome

which in turn links to this:

https://www.gov.uk/make-court-claim-for-money/overview

I really am not trying to be funny but, as I have found out personally and has been mentioned on here many times, taking a claim is not trivially easy and does take a lot of effort and research. If you really couldn't find what you need in the FAQ, I would consider very carefully whether you will be able to put together what is required to make a legal claim. It does cost to make a claim so it's not a risk-free option.

I wish you all the best if you decide to proceed with a claim.

Wonga

I stand corrected.

I was also not trying to be funny, but I could not not see "the wood for the trees", I didn't see the taking to court thread as all the advise was, go the the TC thread. Nothing from what I could see in the first 7 or 8 pages made any sense to my claim and no reference to another thread about the 'going to court thread'.

My question about the MCOL was the general format, I have found this now, thanks. I am very familiar with the MCOL as, we have used it a fair few time for our business but I wanted to see if there was a specific format for the claim, which there is, and I have now found.

I have completed my claim and will update the thread (or the TC thread) of any developments.

Just to add, my claim value is £1,360 and at 2174 days old equates to around £648 interest...!

Wonga

Thomas Cook have filed a defense. This may be of use to others.

The first point of there defense is that their name is Thomas Cook Airlines Limited and not simply Thomas Cook.

They claim the delay was extraordinary circumstances due to the following:

"Flight TCX499k from Manchester to Tenerife on 21st October 2007 was delayed due to a fuel spar valve issue on the No 2. engine. An engineer and spares was sent from the UK. The spar valve actuator was replaced but this did not cure the defect. A short circuit was discovered at the connector as well as cable damage back 2 feet from the connector, which was subsequently repaired. The defendant confirms that we have had no previous history of the problem, it is the defendants case that the delay was caused by extraordinary circumstances"


Any advice on whether this would be deemed as 'extraordinary'.

Please note, we we originally asked with our NBA letter, they advised that the delay was fully investigated and the delay was due to weather conditions. This has now changed in their defense.

David_e

Wonga wrote: »

The first point of there defense is that their name is Thomas Cook Airlines Limited and not simply Thomas Cook.

I'm not absolutely sure how this affects your claim but it may not be fatal to it.

CobyBenson gives some pointers here:

http://forums.moneysavingexpert.com/showpost.php?p=63541199&postcount=3486

This is the CPR section 19.5 Coby refrs to :

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19/#19.5

Wonga wrote: »

"Flight TCX499k from Manchester to Tenerife on 21st October 2007 was delayed due to a fuel spar valve issue on the No 2. engine. An engineer and spares was sent from the UK. The spar valve actuator was replaced but this did not cure the defect. A short circuit was discovered at the connector as well as cable damage back 2 feet from the connector, which was subsequently repaired. The defendant confirms that we have had no previous history of the problem, it is the defendants case that the delay was caused by extraordinary circumstances"

Any advice on whether this would be deemed as 'extraordinary'

No I don't think it would:

http://forums.moneysavingexpert.com/showpost.php?p=63704354&postcount=4238

Wonga wrote: »

Please note, we we originally asked with our NBA letter, they advised that the delay was fully investigated and the delay was due to weather conditions. This has now changed in their defense.

Seems common for airlines to quote different reasons at different times. It isn't relevant now but may be of some assistance if your case does reach court so make sure you keep records now of such things.