Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
Page 406
    • JPears
    • By JPears 10th Jan 18, 4:52 PM
    • 3,779 Posts
    • 1,046 Thanks
    JPears
    I think they could sucessfully argue that a customs area overcrowd was beyond their control and therefore an extraordinary circumstance.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Paulcox741
    • By Paulcox741 29th Jan 18, 9:03 PM
    • 14 Posts
    • 1 Thanks
    Paulcox741
    Interesting development in my claim.

    Have been informed by another passenger on the flight (and seen the evidence) that after referring to CEDR Thomas Cook were forced to pay out. Therefore assumed they would have to pay out for us too, having already set the precedent.

    Having referred to CEDR myself Thomas Cook are still contesting it. And here comes the strange bit....they have provided examples of 2 cases for the same flight where CEDR have ruled in their favour.

    Has anyone ever come across this? I.e. Where CEDR have provided contradictory rulings on the same flight.
    • legal magpie
    • By legal magpie 29th Jan 18, 9:14 PM
    • 889 Posts
    • 392 Thanks
    legal magpie
    I haven!!!8217;t come across this situation but it depends on whether CEDR treat every single claim as a separate matter and decide on its merits. If they do, it could well be different adjudicators and better or worse prepared cases. If you want a parallel, you might have two claims relating to the same flight before two different judges in the same court on the same day with different verdicts. The passenger in case one may have presented his case very well and the airline badly and in case two vice versa.
    Last edited by legal magpie; 30-01-2018 at 2:33 PM.
    • tripletmom
    • By tripletmom 30th Jan 18, 2:01 PM
    • 5 Posts
    • 0 Thanks
    tripletmom
    Hi

    New to this but just have a quick question.

    Our flight was delayed from Grenoble to Gatwick last Sunday (21/01/18) becuase 40 passengers from Tignes were delayed getting out of resort. The rest of the passengers were able to get ot of their resort at and to the plane on time so we were made to sit on the runway for 3hrs.

    We were due to arrive at 10:35. We touched down at 13:31 so everyone assumed we weren't eligable for compensation. It was only when I got home and did some digging that I found it is classed as when the airplane doors open. Therefore I filled in their online compensation form.

    I've had a response from them today saying that the plane arrived at 13:33 so there is no claim to be made. So basically they are saying the plane taxied, got to the gate, had the bridge attached and doors opened in 2 minutes!

    So what are my next steps? Do I respond and argue or go to the ombudsman? There were 5 of us so worth pursuing.

    Many thanks
    • JPears
    • By JPears 30th Jan 18, 3:04 PM
    • 3,779 Posts
    • 1,046 Thanks
    JPears
    I would respond saying that you recorded the touchdown of the plane at 13.31 so could they explain how the aircraft , as you say, taxied, stopped and bridged for doors open in 2 minutes.
    Somebody maybe able to find some timings/flighttrack for you on this board.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • tripletmom
    • By tripletmom 30th Jan 18, 3:08 PM
    • 5 Posts
    • 0 Thanks
    tripletmom
    great thank you.

    I know we definitely landed at 13:31 as that is what the boards at Gatwick said and also Gatwick websites arrival information as I checked
    • Justice13075
    • By Justice13075 30th Jan 18, 3:14 PM
    • 1,179 Posts
    • 471 Thanks
    Justice13075
    Do you have your flight number?
    • tripletmom
    • By tripletmom 30th Jan 18, 4:53 PM
    • 5 Posts
    • 0 Thanks
    tripletmom
    Yes it's MT1115 on 21st Jan
    • Justice13075
    • By Justice13075 30th Jan 18, 5:18 PM
    • 1,179 Posts
    • 471 Thanks
    Justice13075
    EuClaim says they don't have enough information to make a decision. Bott & Co leading solicitors say you are due !!!8364;250 per person. Google and download Vauban's guide read and then send a letter before action (template on page 6) to Thomas Cook, wait for their reply and then come back
    • jpsartre
    • By jpsartre 30th Jan 18, 6:06 PM
    • 3,277 Posts
    • 2,125 Thanks
    jpsartre
    Yes it's MT1115 on 21st Jan
    Originally posted by tripletmom
    According to Flightaware, that flight landed 3 hours and 6 minutes late.
    • Tyzap
    • By Tyzap 30th Jan 18, 6:23 PM
    • 1,450 Posts
    • 658 Thanks
    Tyzap
    I got it landing at 13.34 on PlaneFinder.

    When it's close, the airlines are always prepare to argue about it.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • tripletmom
    • By tripletmom 6th Feb 18, 3:29 PM
    • 5 Posts
    • 0 Thanks
    tripletmom
    Hi All,

    Well I went back to Thomas Cook and queried their time of arrival as stated that by their reckoning it took 120seconds to slow down, clear the runway, taxi to arrival gate, stop, hook up the disembarking bridge and open the plane doors.


    Thanks for getting in touch with us again about your flight delay and for giving us some more details.

    I'm sorry your flight was delayed. We carried out a full investigation when you first wrote to us. Following a review of our aviation report on your delay, we're confident in our decision not to pay compensation.

    We wanted to let you know that as we're a UK based airline, you have access to an Alternative Dispute Resolution (ADR) scheme. This has been approved by the Civil aviation Authority (the CAA) and is provided by the Centre for Effective Dispute Resolution (CEDR). If you like, you can refer your complaint to (CEDR) for an independent determination to be made.

    CEDR is an independent dispute resolution provider certified by the CAA to adjudicate disputes between airline and their passengers that have not been resolved through the airline's own complaints procedure.

    You can find out how to refer your complaint to CEDR by vising their website: cedr.com/aviation. All decisions made by CEDR are independent and binding on the airline, this means that the airline must obey the decision that's made by the adjudicator.

    I'm so sorry we weren't able to resolve this for you. I hope we'll be able to welcome you back on a flight with us in the future.


    They have very quickly sent me a response as below: - It seems that they are quite adamant that they are not due compensation. Or is this just a bluff to deter me contacting CEDR? Do you think it is worth pursuing? From memory I think it costs money to esculate

    Thanks Again for advice
    • Tyzap
    • By Tyzap 6th Feb 18, 5:43 PM
    • 1,450 Posts
    • 658 Thanks
    Tyzap
    They are still hoping that you 'take their word' and don't bother pursuing any further.

    Refer to CEDR, you only pay £25 if you don't win.

    Good luck.
    Last edited by Tyzap; 06-02-2018 at 9:59 PM.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • Tel0070_1
    • By Tel0070_1 15th Feb 18, 1:43 PM
    • 4 Posts
    • 0 Thanks
    Tel0070_1
    Thomas Cook MT2929 05/08/17
    Hi,

    Been struggling with Thomas Cook since August and wondered if anyone could offer any advice before I take it to CEDR?

    Flight details are: Orlando to Stansted 5/8/17 - MT2929

    Basically the history is as follows.

    Checked at breakfast (11am). Flight delayed by 3hrs 25 mins due to incoming flight technical issue. Revised to 3 hrs 10.

    Got to airport. Due to take off at 20:15 (originally 17:05). Gate moved. Different plane to be used. Waited until gone 21:00. Further delay caused by aircraft in Orlando not being able to be used and thus having to wait for another incoming flight to be cleared (confirmed by the captain at the time).

    There was a storm earlier but around the same time other planes were still taking off and landing so no weather issues.

    Eventually landed at 11:20. Doors opened at 11:30. Originally scheduled to land at 8:20 so 3 hours 10 minutes late.

    All I've got from TC is that it was due to airport congestion despite them originally tweeting it was due to a technical fault.



    Since September I've chased them 3 or 4 times to supply more detail on why they think they don't have to pay compensation and why their current information contradicts their tweet on the day but all I'm getting is 'refer it to CEDR, etc).

    We also had other issues such as the food vouchers not being printed quick enough for us to use, no drinks provided and when we eventually dud get on the plane our party had no blankets. All fairly minor in comparison to the delay but all add up to make if a rubbish experience.

    Overall something doesn't add up with their explanation but I can't seem to get them to provide any more details.

    Paul
    Originally posted by Paulcox741

    Hi,


    just wondering if you got anywhere with CEDR - I've been battling with them now since last year, and CEDR have just come back in Thomas Cook's favour - no surprises there! I will keep going, but would be interested to learn if anyone has had any luck with this flight please?


    cheers...
    • Vauban
    • By Vauban 15th Feb 18, 7:26 PM
    • 4,729 Posts
    • 2,093 Thanks
    Vauban
    Hi,


    just wondering if you got anywhere with CEDR - I've been battling with them now since last year, and CEDR have just come back in Thomas Cook's favour - no surprises there! I will keep going, but would be interested to learn if anyone has had any luck with this flight please?


    cheers...
    Originally posted by Tel0070_1
    Why no surprises? CEDR seem to have been fair in most cases - so when was your flight, how much delayed, and why?
    • Paulcox741
    • By Paulcox741 16th Feb 18, 9:09 AM
    • 14 Posts
    • 1 Thanks
    Paulcox741
    Hi tel,

    Re: MT2929 from Orlando.

    CEDR have just appointed an adjudicator so haven't heard yet.

    You would be the third person on that flight I know of now who have had their claim rejected by CEDR. However, I know of at least one person who has been successful via CEDR so guess it depends on the adjudicator you get and how detailed they look at the facts and then interpret them.

    The fact that one adjudicator has ruled against Thomas Cook would suggest we do have a case. Not sure there is anywhere you can go after CEDR using this other successful case as a precedent?!?
    • JPears
    • By JPears 16th Feb 18, 9:50 AM
    • 3,779 Posts
    • 1,046 Thanks
    JPears
    Small claims court is your only route. No appeals process with CEDR.
    If you can get details of the successful CEDR case then that may help but the CEDR decision is not binding on anyone except the airline (to a point)
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Paulcox741
    • By Paulcox741 17th Feb 18, 9:48 AM
    • 14 Posts
    • 1 Thanks
    Paulcox741
    Thanks JPears.

    I've got a copy of the successful CEDR ruling, so will go down that route if the decision goes against me.

    I also included it in my submission but not sure if they'll take that into consideration.
    • SarahH0104
    • By SarahH0104 19th Feb 18, 9:41 PM
    • 1 Posts
    • 1 Thanks
    SarahH0104
    Hello,
    Not sure if anyone can help. Iím in the process of trying to claim compensation for our flight which was delayed for 25hrs in total last year.
    Originally writing to TC customer service and getting no where, we are now going through the CEDR. We were told Thomas cook had 21 working days to respond taking us to tomorrow being the 21st day.
    Does anyone know if the CEDR will contact me with a decision or will I have to get back in touch with them to find out? Tia
    • jpsartre
    • By jpsartre 19th Feb 18, 10:01 PM
    • 3,277 Posts
    • 2,125 Thanks
    jpsartre
    They will contact you. Deadlines are regularly missed with ADR's in my experience.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,190Posts Today

8,743Users online

Martin's Twitter