Constant Battle with Thomas Cook (Flight Delay)

A question about : Constant Battle with Thomas Cook (Flight Delay)

Can anyone help - I had a 10 hour flight delay from Fuerteventura to Newcastle on 5th July 2014. I submitted a claim through Martin Lewis's template letter. I got a reply saying due to it being a result of a technical fault they were unable to pay compensation. Due to the result of the court hearing in October 2014 I applied again and received this response today - Can anyone give advise as to were I go from here????
Thanks so much for being patient whilst we investigated your recent enquiry about your flight and previous claim with Thomas Cook Airlines. I have now completed the review of your claim for flight *******
As you are aware, the previous investigation showed that the cause of the delay was as a result of a technical fault in which was not inherent in the normal course of activity.
A recent Supreme Court decision in the case of Huzar vs. Jet2.com, has resulted in a change to how EC Regulation 261/2004 is interpreted. This is the Regulation that provides for compensation payments for flight delays so we wanted to check if the outcome from your previous claim has changed as a result of this.
Following the review, under EC Regulation 261/2004 your case has been re-assessed and I can see from the aviation report that your delay was caused by a manufacturing defect of a part we had replaced on the aircraft. Based on this information under the revised EC Regulation 261/2004, technical faults due to manufacturing defects were not affected by the court ruling and remain classified as extraordinary circumstances, therefore I am unable to offer you compensation for your claim.
It’s so important to us to make sure that your flight is on time and you get the best possible customer experience so I’m really sorry that you experienced a delay on your flight with us. Thank you for taking the time to contact us and we look forward to welcoming you on your next holiday/flight with Thomas Cook

Best answers:

• Assuming you have given them 14 days notice of court action before, then that''s where you go from here.
  If you haven't (put them on notice of future court action) then you do that first.
  Whilst writing that, (you can write again anyway if you really really want to lol ) you state that you do not accept the explanation given, and only defected parts resulting in a recall notice from the manufacturer is an acceptable *extraordinary circumstance*, and please be assured that you will be claiming interest at 8% on the delayed payment of the statutory compensation.
• Thanks for that, you may think im a bit thick but how do I give them the 14 days court notice and stand by this claim. I will reply to the email they sent stating what you have suggested, but would be better if I knew what to do lol.
• Well, it's in vaubans guide - which you should at least read some of if you are thinking of going it alone with court proceedings as you need to be sure of whats involved in the first place, or else go to a No win No Fee firm - but briefly, to give them notice, you simply write to them (back it up with a snail mail hard copy sent to the registered address) with wording like:
  If full settlement is not offered within 14/21/28 days (your choice of time given) then I put you on notice that I will be at liberty to commence a court action against you, without further recourse to you.
• Following the review, under EC Regulation 261/2004 your case has been re-assessed and I can see from the aviation report that your delay was caused by a manufacturing defect of a part we had replaced on the aircraft. Based on this information under the revised EC Regulation 261/2004, technical faults due to manufacturing defects were not affected by the court ruling and remain classified as extraordinary circumstances, therefore I am unable to offer you compensation for your claim.
  CHIPPER1704,
  what TC have told you here is absolute nonsense. They are not being honest with you in the hope you will give up your claim.
  What Mark2spark says about Extraordinary Circumstances is correct.
  An instance of a broken replacement part is defined under EC261/2004 as non extraordinary which is inherent in the normal operation of an airline. The fact that this part had recently been changed has no bearing on the fact. In other words this does not qualify as an exemption, to have to pay compensation, for the airline.
  If you have the time, this type of deception should be reported to the CAA as it brakes their regulations. If TC then persist with this clap trap in the future it will assist the CAA in preventing any further breaches. Without passengers, such as yourself, raising a complaint with the CAA nothing will ever change.
  If you have any further questions could you please post them on the dedicated TC thread.
  Good luck.
• Thanks for the info, however the CAA wont look at my case as the flight was from Fuerteventura. Can you see how I feel as if im fighting a loosing battle.
• Served TC with a 21 day notice and relayed all the advice I received earlier from Tyzap and Mark2spark. Ill give them the 21days and TBH I don't have much hope so think ill need to fight though NWNF. Does anyone have any positive experiences of A+ NWNF company's? Thanks for all the advice so far.