Advice needed on how to get payment 11 January at 12:40AM in Flight delay compensation 10 replies 408 views

Hellybalder

Hi, I am at a loss what to do. 10 years ago we were delayed coming back from Jamaica, we put a claim in which was refused as it was act of god, we reclaimed and were given s different excuse, we complained to financial ombudsman who awarded in our favour, we received a letter from the travel company to say the compensation would be paid but the next day the company went into administration. We filed our claim with receivers and waited, we received s letter last year asking if we still wanted the payment and we confirmed we did, last October we got another letter saying our compensation would bdd we paid but there was s delay 
what can I do to get what is due to me, I don’t think it’s fair that we have waited 10 years for this compensation, we have been fobbed off all along, the travel company is trading again even though they claim it’s s different company yet it’s same name and logo and the receivers are sitting on my money earning interest when it had already been confirmed it’s rightfully ours, please can someone advise how I can make them pay what is due 

eskbanker

What was the travel company and who are the receivers?  Ten years is an extraordinarily long time to resolve the collapse of a company and full repayment of claims would be unusual in such circumstances, but if you're saying that the receivers informed you in writing in October 2022 that they will be making payment then it sounds like the process is still live - I can't think of any route that would expedite such a claim, but the fact that there is now another similar company trading doesn't enter into it if the issue arose from a different legal entity....

Hellybalder

Sorry you misunderstand, the collapse of the company wasn’t 10 years ago 
the holiday with the delay was 10 years ago The company is Thomas cook and we took them to financial ombudsman who awarded in our favour 
thomas cook wrote to us to confirm the compensation would be paid but then went into administration, the receivers have been telling us for months and months that they will make s payment but there are delays and then nothing happens and we chase them again, 

Westin

Are you reading the information from the Administrator of Thomas Cook correctly? You will be an unsecured creditor. You won’t be receiving the compensation level initially agreed by TC but will possibly get pennies in the pound. TC collapsed with large debts. Any money recovered from the business will be shared with other creditors. Those creditors included HMRC, employees and a lot of others.

BTW, Fosun purchased the Thomas Cook name, the Thomas Cook trademark/logo and a few other items. They trade under them today but are a different company to the old business.

bagand96

Financial Ombudsman getting involved in flight delay compensation? First time I've heard of that?

Agree with @Westin I'd be very surprised if there's any money left in the administration of Thomas Cook for low priority unsecured creditors except maybe a few pennies in the pound. 

And the "new" Thomas Cook is a separate company. They just bought the brand 

Alan_Bowen

Like bagand96 I have never heard of the Ombudsman being involved with flight delays that do not fall within their remit. I am sorry to say that despite getting standard letters from the administrators, I do not think you have any prospect of recovering anything at this stage.

They will write to every creditor as they are being paid by the Official Receiver which is a government department and they can charge for every letter written but the debts of the Thomas Cook group ran into billions at the time of failure and being realistic I think you should stop worrying. Then, if by some miracle, a very small cheque arrives, enjoy it, but don't be sitting waiting for the postman as I don't think the cheque will ever appear

Hellybalder

I don’t understand why people are questioning me about financial ombudsman 
I am not lying 
thomas cook lied about the reason for delay and we took the case to financial ombudsman who awarded in our favour 
we have had letters from the receiver to say they are paying us money 
the letter didn’t say Thomas cook are paying it 
I posted on here to get advice about how to get money that had been promised, I didn’t expect to he comments to query everything I’d said 
If someone can genuinely offer advice I would be grateful 

eskbanker

Hellybalder said:

I don’t understand why people are questioning me about financial ombudsman

It's because that term is generally used to refer to the Financial Ombudsman Service, an organisation handling consumer complaints specifically about FCA-regulated financial institutions, i.e. banks, etc.  It has nothing to do with travel companies, which aren't within its legally-defined remit.

If you're seeking guidance about who to pursue with your issue, it's useful to understand exactly who you've already been dealing with thus far - either you went to FOS with a complaint against a financial institution (in which case, which one and on what basis?), or you took a complaint about Thomas Cook to a different body (again, in which case, which one?).

Westin

Hellybalder said:

I don’t understand why people are questioning me about financial ombudsman 
I am not lying 
thomas cook lied about the reason for delay and we took the case to financial ombudsman who awarded in our favour 
we have had letters from the receiver to say they are paying us money 
the letter didn’t say Thomas cook are paying it 
I posted on here to get advice about how to get money that had been promised, I didn’t expect to he comments to query everything I’d said 
If someone can genuinely offer advice I would be grateful 

Okay, let me try again.  Don’t wait in for the postman to deliver a cheque for the agreed compensation. It won’t be coming. 

onashoestring

OP if Thomas Cook owed you money when they went into administration you are now called a Creditor .

The gov.u.k page for Former Thomas Cook customers https://www.gov.uk/government/news/former-thomas-cook-customers-and-creditors-encouraged-to-submit-claims

Note that it says 

“Creditors should be aware that they are not necessarily going to receive the entirety of their claim,”

it directs you to a site where you can register and from there you will be able to log onto to the site to check the progress and status of your claim.

The site has information regarding the process of making a claim, and the likelihood that each of the Thomas Cook UK companies may pay a distribution to unsecured creditors, is included in ‘Information for creditors’, ‘Legal documents’ and ‘FAQs’, 

You may wish to read the information that is relevant to you.  

https://www.thomascookukliquidations.com

Alan_Bowen

If you look at the document referred to above you will see the likelihood of a claim being paid is set out. I would assume your claim is against Thomas Cook Airlines, if so the liquidator predicts claims paid will be less than 5% of the amount claimed, for other parts of the TC group the expectation is nil. Hence my suggestion you stop worrying about getting the money, if you do it will be a bonus but it seems fairly unlikely. So far no one has been paid, even those owed millions for providing accommodation for months without being paid. There is nothing you can do to speed things up at this stage.