Originally Posted by
corporate-wage-slave
Thanks for the detailed reply back, and if nothing else, I'm sure it will help me and others with other similar cases.
I wouldn't say it's foolish, indeed it's rare to see totally hopeless cases in this thread. I think you have shown from the accumulated posts that you are aware of the main issues here. I would say it's a shade of grey case, not the strongest example in this thread, since you only just went over the 3 hours; but like you I struggle with the logic that the 20 minutes ATC delay is exceptional. Also, whether that 9 minutes over 3 hours relates to the doors open time or not. But what is probably your strongest argument is that if it got to court, it would be done to BA to prove that the excess time was indeed extraordinary, rather than you to prove otherwise, without avoiding the naivety of that position. Also I definitely would not take this to CEDR given the recent reply, I suspect CEDR would go along with this.
I thought i would update you with the current situation, this may take a very long time! I had actually forgot about my case until i received this email
"We're writing to let you know that we have now received the airline's formal defence and we are currently considering the next steps in order to secure the best possible outcome for you.
In the meantime we are waiting for 'Directions' from the Court which is effectively a timetable of events that both Redacted and the airline must adhere to in order to progress your claim to a formal court hearing.
Unfortunately this stage is the lengthiest part of the process and can take up to six months if the airline continues to argue that they are not liable to pay you compensation."