Originally Posted by
masmadrid
So further to my aircraft swap -> IDB -> delay claim, I got tired of the absolute runaround with BA support closing my tickets and giving me no update, I went to MCOL (they acted to unreasonable at every single stage, I did not think CEDR was reasonable).
After filing a defence at the last possible hour, they claimed I was in fact not denied boarding and voluntarily changed my booking. I suspected this would be their defence given that they provided no evidence about the IDB whatsoever.
I guess customers just love sitting at airports for 7 hours for no reason?
Should be a fairly slam dunk defence on my part right?
I have a taxi receipt getting us to the airport in plenty of time, I was travelling with an elderly person, I have a receipt showing a change fee of £0.00 which is not inline with what BA would normally charge, several receipts from outlets at the airport where we waited, and a taxi receipt for a taxi we had to take because we arrived so late. I also approached the desk a further 3-4 times before it closed asking to get us on it. Also my travel companion will submit a witness statement of facts.
On the balance of probabilities, the court would surely see this wasn't a voluntary charge.
I did also state on the phone what exactly what the desk agent told me, and about EU261 rebooking rights etc. Is there any point in trying to get the recording or a SAR at this stage?
There is certainly no harm in putting in an SAR. You can then use that down the line if the matter proceeds to a hearing.
Throwing excrement at the wall at the last minute is very much BA's
modus operandi when it comes to dealing with UK261 civil claims they don't want to admit. I agree that the court is likely to see through it, though of course you can never be 100% sure.
There is a good chance it won't come to a hearing and that BA will fold on or just before the day of the hearing, especially if your case gets allocated to somewhere far away from their usual 'stomping ground' (i.e. Uxbridge).