Raynor:

Go to complaints forum as lots of advice.

Raynor,
Jam's advice is good - there's loads of info. in the complaints section. However, for the sake of a couple of minutes help I\ll post here as the administrators may move this thread later anyway.

John Dunscombe is perhaps the best man to write to at TCD. He's the Manager of Customer Relations. Address is: Park Buildings, 2 Park Street, SWANSEA, SA1 3DJ

With a 22 hour delay you are fully entitled to be compensated. In addition, their failure to provide Sunshine Upper on the outbound leg, when presumably you paid for the upgrade, constitutes a breach of contract on their part and you should have been refunded half the total upgrade cost without question.

I'd strongly suggest you ring Mrs Ros Fernihough, a specialist travel solicitor, on 01922 621114. She's acting for me against TCD in similar circumstances.

Oh, do NOT cash any cheques already sent to you by TCD as this would severely limit your chance of taking further legal action against them.

Mike

mike we got cheque £100 from travelrisk insurance claim £20 per insured for the first full 12 hours we were delayed because we cashed this in is that it no money has come from t.c.d. plus if ros fernihoug takes us on that will cost more than what they owe us surely you know your stuff what do you think. l have printered off the email you sent me.

Give Ros a ring for free advice - there is no way she will charge more than the compensation you are due.

Raynor,
your travel insurance claim of £20 each is nothing to do with the valid claim you can make against TCD - IN ADDITION and cashing the insurance payment in no way restricts your futurer actions against TCD.

The delay part is relatively simple as explained in the PM I sent you. The failure by TCD to provide you with the Sunshine Upper on the outbound leg requires them to repay you for the additional cost - £50 per person you state. I cannot see how TCD could argue that they are at liberty to charge you for an upgrade, then fail to provide that contracted upgrade and compound their guilt by failing to refund, in full, within 7 days of their realising they couldn't provide the service.

Their brochure may point out that some elements are requests and cannot be guaranteed - such as balconies, but sunshing upper is a facility TCD actively try to sell.

The small claims court is not too difficult to navigate and the court will help you fill in the necessary forms - the chances are that TCD will settle out of court anyway. However, don't assume that Ros's costs will be greater than any refund she wins. I cannot state for definate how she will deal with your case but the concept of no win - no fee may apply and with her help you are ikely to recover something (she may charge a part of that) and without her help - well, if you recover nothing and your costs are nothing - you gain nothing.

It's a no-brainer really. Ring her.
Mike

Roz recently acted for us and got us compensation, they even paid part of her fee so we ended up with a reasonable amount, without her I doubt we would have got anything. She really is a star and knows her stuff, you have nothing to lose anyway as if there is no chance of success she would tell you.

Lynn

we got a letter today they say that the airline informed them that we did not get upper deck but we got all of the services of upper just that we did not go upstairs yet they told us we would have to go economy on the day t.c.d need a kick up the backside and l wish l was close up to do it l can not and will not let them get away with this

Raynor,
It's difficult to understand from your last post in particular what exactly you hope to achieve.
I cannot comment on the prospect of kicking TCD but I can comment on the chances that you will be successful in recovering compensation for the delay and on the separate aspect of their alleged failure to provide the FACILITIES of upper deck.

Keep the two separate when you next write to TCD.

First, regarding the delay, my PM gives you the basic information you need to pursue that element, and with a high probability of success.

Second, regarding the upper deck. You need to determine from the brochure/invoice exactly what services you expected from this service. The location on the plane is irrelevant but the facilities provided are very important. For example, were you expecting priority check-in and did you get this?
Were you entitled to a higher baggage allowance - and was this granted?
Were you expecting to be given priority boarding or debarkation and did this happen.
Any extra service on boarding, such as a glass of champage - and did you receive this? Meals: were you expecting a guarantee that your choice of meal would be available simply because you are served BEFORE other class passengers - and was this the case.
Entertainment facilities. Were these meant to be better than economy and did you enjoy better facilities.

You can easily answer these questions by comparing your outbound leg (were you complain TCD did not provide upper deck service) with the return journey where, presumably, you did receive the upgraded level of service. If you then find you suffered a much lower level of service you need to be able to identify what aspects you lacked.

Without that clear and determined approach I suspect TCD will disregard this aspect of your claim as it's very subjective.

That's why you need to distance the two elements as the delay part is fairly cut and dried and you are likely to win. With the help of Ros you are almost guaranteed to win. I did. This morning's post confirmed the success of her action against TCD re. my flight delay.

My final comment, and with all respect, when you write to TCD avoid the 'text' style as it makes it difficult to understand.

PM me if you need specific help.
Mike

Raynor you should listen to all the advice, and contact roz, I also had confirmation of her success this morning regarding my flight delay with TCD.

thanks everyone will do tomorrow