Thomas cook delay - First response received

connersz

Hi, I was looking for some advice.

I was recently delayed on a flight from Geneva to Gatwick for 10hrs due to technical issues with the Thomas Cook aircraft.

I sent them a letter using the template from this site asking for compensation. I have just received a response stating that they will not be paying out and was wondering how I should go about submitting my next response?

The reason I was given is as follows:

"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."


Any advice would be appreciated.

111KAB

connersz wrote: »

...... was wondering how I should go about submitting my next response? Any advice would be appreciated.

Not how but where - firstly read/post in correct thread (Thomas Cook) then either your local court or MCOL.

connersz

111KAB wrote: »

Not how but where - firstly read/post in correct thread (Thomas Cook) then either your local court or MCOL.

Should I proceed straight to a court claim or would it be better to get an opinion from the CAA on the matter beforehand?

I was obviously expecting them come back and say 'no' but I can't find much information online about the next steps etc.

rusty_frog

connersz wrote: »

Should I proceed straight to a court claim or would it be better to get an opinion from the CAA on the matter beforehand?

I was obviously expecting them come back and say 'no' but I can't find much information online about the next steps etc.

If you are looking for advice and a great deal of helpful information, then you really need to follow 111 KAB' s advice and go to the dedicated Thomas Cook section.

Good Luck!

111KAB

connersz wrote: »

Should I proceed straight to a court claim or would it be better to get an opinion from the CAA on the matter beforehand?

.

Please, please read posts - I can say no more - but do not go to CAA as this could be detrimental to your case.

Caz3121

connersz wrote: »

I was obviously expecting them come back and say 'no' but I can't find much information online about the next steps etc.

There is a heap of information in the FAQs re "what to do next", court process etc
Go to the Thomas Cook thread and you will find the FAQs on the first page

Mark2spark

I wish I'd done a post that I could just copy & paste in reply to people that post up TC's standard copy and paste reply to any claim.

Connerz, off to court you go. Don't involve the CAA. Read the taking the airlines to court thread please.

connersz

Hi, Thanks for your responses.

I have since sent an NBA to Thomas Cook in the post. They replied to me today (again by email) with the following response:

"On receipt of your initial claim a full investigation was carried out by the airline into the circumstances surrounding this delay. This investigation included analysis of historical maintenance data, discussions with engineers, and a review of the activity of our other aircraft at the time. Following this thorough process we remain confident that the technical fault was extraordinary and that we took all reasonable measures possible to avoid the delay in question.

The fault which caused the delay you and your party suffered has been classed as extraordinary and is covered by NEB Code 24, NEB codes are a list of excepted faults which can be classed as extraordinary as there is no way of foreseeing when they will occur no matter how rigorous our maintenance procedures.

I appreciate you remain unhappy with this decision, and whilst I regret this, we do not believe that a payment under the rules of the scheme is relevant in this particular case. Should you remain unhappy I can only suggest that you contact the Civil Aviation Authority (CAA) online at/ or call the CAA for advice on 020 7453 6888."

I have tried to find some information on NEB codes and have found nothing online so it is impossible for me to check code 24.

JPears

Please post in the TC thread - i'm sure someone will answer more fully then.
ADMIN please merge into Thomas Cook thread.

connersz

JPears wrote: »

Please post in the TC thread - i'm sure someone will answer more fully then.
ADMIN please merge into Thomas Cook thread.

The Thomas cook thread is a sea of interpretable (unless you read the whole lot) mess.

If we should include everyone's personal story in the same place then what's the point in a forum?

Mark2spark

The thing is conner, is that you are just posting what dozens, maybe hundreds, of people have already posted. That is the first reply from TC that says faults are like cars breaking down, and then the standard second reply, where they claim that a full investigation has taken place, and that the fault is EC's, but that they won't tell you what the EC's are.
And the reason that the forum is such a sea is that there's so many posts that just say the same thing.
So the forum regulars are just trying to get all the info/previous claims/scenarios in the one airline specific thread, to try and cut down on this 'sea', so that other, different scenarios, can be spotted and addressed.
I'm afraid some reading of the dedicated TC thread, by yourself, would have led you to spotting that you're being led up the same garden path as countless dozens before you. There's a specific TC thread as other airlines fob you off in different ways, no point in reading the other lies that the airlines tell.
So, the advice as previously given, remains the same. You have to take TC to court in order for them to divulge *exactly* what the claimed EC's are.
And each dedicated thread, as the first post, contains FAQ's and links which tell you how to do this.
Hope this helps.
Mark.