Dakota

I have just reached deadlock in a complex complaint against BA, involving IDB, erroneous rebooking to another airline, leading to a second IDB, enforced overnight stay and baggage going AWOL for five days. Not BA's finest hour.

Anyway, I am dissatisfied with BA's final response and would reluctantly resort to litigation at this point, but CR has suggested adjudication by CEDR. This seems to a recent initiative, so I can find little on it, either on FT or elsewhere.

Has anyone here used the CEDR adjudication process with BA? If so, how was it?

Thanks in advance. ^

stu1985

If it's anything like mediation then I'd stay well clear.

corporate-wage-slave

I know very little about this, but I think you are correct that it's new. I know that in the past BA have declined mediation routes including with the CAA, which is the UK's national enforcement body.

Dakota

Yes, looks like it started in February. Not mediation, but 'on papers' adjudication. Details here:

http://www.cedr.com/aviation/

Currently, just Thomson and BA have signed up and there is no case history available.

Looks cheap - £25 fee, and only if none of the passenger's complaint is upheld - and simple, so *might* be a worthwhile alternative to MCOL, recourse to which is still not precluded if one remains unhappy with CEDR's decision.

Dakota

Blimey! Just noticed that BA joined the scheme only last week - 1st June - so of course there is no case history yet. I may give it a punt and let you know...

Dave Noble

If Customer Relations has suggested it, I would go straight to MCOL

strichener

Must be feeling the weight of all those DLA Piper invoices to be suggesting this as an alternative.

cynicalmoose

This has been set up by the CAA. Their plan is that this will be the future of 261/2004 claims in the UK, although they are having trouble getting airlines signed up.

The scheme draws on others already running in other sectors - in particular the FOS for financial services. Like the FOS:

• Complaints must be made to the airline in the first instance.
• Customers can then seek adjudication with CEDR.
• Proceedings are paper-based and informal.
• The result binds the airline if the customer accepts it, but if the customer doesn't like it he or she can go to court.
• The scheme is funded by the airlines (I think chiefly on a per-case fee).
• The scheme is overseen by the regulator.

The £25 fee for wholly unsuccessful complaints is interesting: the FCA certainly wouldn't allow that! It also looks like CEDR will attempt to apply the law: by contrast FOS is free to disregard the law (albeit that in practice it only ever does so to the benefit of consumers).

The CEDR is a well-known in the ADR space (e.g. they train mediators), and I don't think their independence should be in question. I think this is their first foray into work with consumers, though. That may show in the design of the website, which isn't as easy to use as it might be.

I don't think it's suspicious that BA CR recommended the scheme: I expect we'll see this in every case going forwards. It seems to be part of the scheme that the airlines will issue final response letters mentioning the ability for the consumer to seek CEDR adjudication.

Gomac

Interesting.... what kind of claims can you bring? Their website section on this doesn't seem to work for me.

http://www.cedr.com/aviation/frequen...ons/#collapse3

jphjph

From the source code this is the answer to No.3:
No, you can only complain in certain circumstances that are laid out within in the Rules and guidance

I know it doesn't make perfect sense as an answer to the question 'What kinds of complaints against a member airline can CEDR consider?', but that's what it says.

T8191

Likewise* ... a good way of stopping people claiming!


* Mac/Safari

Fitch

I had the enormous misfortune to place my hopes in FOS over a simple motor insurance claim a few years ago. They were completely and utterly FOSing useless

As a result, I won't be leading the hosannas for this lot any time soon...

TabTraveller

FoS charges a fairly hefty sum (I think £300+?) to the business, regardless of whether the complaint is upheld. Assuming BA is picking up (most of) the bill either way and assuming that they make the complaint process easier, I think it's a positive step. If only that it will make it easier for consumers to complain and more likely for BA to settle if they know they are having to pay for adjudication anyway.

lorcancoyle

I hope I don't have to use this in future, but as a free option (as not binding on complainant) it makes a lot of sense vs. heading straight to MCOL. I presume it will be a lot quicker than that route (I have a hearing next month against another airline, over 6 months after starting MCOL...)

If you lose I presume the adjudication would also provide additional information with which to evaluate MCOL route - rather than just the blanket "it's extraordinary because X" with no detail responses that seem to dominate the industry

(The MCOL delays are so frustrating that I've generously offered to settle my claim for a discount of £7 on the initial amount )

dg19681

Hi,


I had an ongoing dispute with BA since August 2015. They point blank refused compensation and claimed they were not at fault.


I escalated the case to CEDR who were very helpful. I was informed every step of the way what was happening, what should happen and by what date.


CEDR adjudicator determined that BA was in the wrong and I won the case.


I would definitely recommend CEDR.