Originally Posted by Crastonts

[Update]: As of today, I can report that AA has issued a refund of only 937 GBP. The observant will no doubt realize this results from dividing 5000 GBP in 4 segments (1250 GBP) and refunding 75% of those 1250 GBP.

Now, I am not a lawyer but I think that calculation is clearly unfair. I am basing my thoughts on (i) common sense (how can you give equal weighting to a DFW-MTY and a LHR-DFW???) and (ii) the Steef Mennens case (https://eur-lex.europa.eu/legal-cont...CJ0255&from=en).

I transcribe the ruling in that case, bolding the key elements:

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1.- Article 10(2), read in conjunction with Article 2(f), of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 must be interpreted as meaning that where a passenger is downgraded on a flight, the price to be taken into account in determining the reimbursement for the passenger affected is the price of the flight on which he was downgraded unless that price is not indicated on the ticket entitling him to transport on that flight, in which case it must be based on the part of the price of the ticket corresponding to the quotient resulting from the distance of that flight and the total distance which the passenger is entitled to travel.
2. Article 10(2) of Regulation No 261/2004 must be interpreted as meaning that, the price of the ticket to be taken into consideration for the purposes of determining the reimbursement owed to that passenger, where he is downgraded on a flight, is solely the price of the flight itself, to the exclusion of taxes and charges indicated on that ticket, as long as neither the requirement to pay those taxes and charges nor their amount depends on the class for which that ticket has been purchased.
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AA is not refunding the 'carrier imposed fees' (which are not taxes, right?) and AA is giving equal weighting to all flights.

Once the refund is fully settled on my Amex, I intend to issue a letter before action to AA. If they don't put things right within 14 days of the letter, I will then use Section 75 credit card protection to chargeback the missing amount. My wife does not live in the UK (I do), so I'll like to avoid MCOL if possible.

Any thoughts from the forum? Thanks