The 2015 BA compensation thread: Your guide to Regulation 261/2004
#496
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#497
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Join Date: Jan 2002
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The only way you will get BA to pay is to put a claim in with MCOL . Given the time that has past and the limited time remaining, I would do this straight away
#498
In your particular case Batchtj I completely agree with Dave, the time is running out and BA are clearly not gonna budge. Last letter (recorded delivery) to BA, giving them some time to pay, and then MCOL.
#499
Join Date: Apr 2015
Posts: 6
Thanks for the advice everyone. I can't believe they can get away with saying I am due compensation, then saying I am not! I have received another email saying they want to phone me again to discuss matters. This will be because I asked them to put the full reason in writing, especially the part where she said I didn't qualify as it was the domestic flight that was delayed! Am I right in thinking she is wrong here? Thanks again.
#500
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Join Date: Jan 2002
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Thanks for the advice everyone. I can't believe they can get away with saying I am due compensation, then saying I am not! I have received another email saying they want to phone me again to discuss matters. This will be because I asked them to put the full reason in writing, especially the part where she said I didn't qualify as it was the domestic flight that was delayed! Am I right in thinking she is wrong here? Thanks again.
You have given it 5.5 years - lodge the claim
There is no exemption for domestic flights. As long as flight was delayed for a valid reason and you arrived at your destination more than 3 hours behind schedule you are due the compensation
Stop discussing it with BA
#501
If they can trick you into being strung along for a few more months then BA wins. Unless you claim within 6 years then you will lose automatically
You have given it 5.5 years - lodge the claim
There is no exemption for domestic flights. As long as flight was delayed for a valid reason and you arrived at your destination more than 3 hours behind schedule you are due the compensation
Stop discussing it with BA
You have given it 5.5 years - lodge the claim
There is no exemption for domestic flights. As long as flight was delayed for a valid reason and you arrived at your destination more than 3 hours behind schedule you are due the compensation
Stop discussing it with BA
#502
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Join Date: Jan 2002
Posts: 44,584
Send a letter to BA clearly detailing the claim - nice simple bullet points of relevant facts
State in letter that airline has 7 days to pay otherwise action will be taken
Post the letter - wait 10 days
Lodge claim on MCOL
You are running out of time . Once you have lodged the claim then within a month you will get contact from BA explaining how they have reconsidered your claim and asking for bank details to pay you
State in letter that airline has 7 days to pay otherwise action will be taken
Post the letter - wait 10 days
Lodge claim on MCOL
You are running out of time . Once you have lodged the claim then within a month you will get contact from BA explaining how they have reconsidered your claim and asking for bank details to pay you
#503
Join Date: Jul 2006
Location: London
Programs: BAEC Gold
Posts: 692
A bit of positive feedback for those needing to submit claims.
We were delayed on a flight arriving long haul into Gatwick from PUJ on Monday 13th April by over 6 hours. I submitted 2 claims via the webform for our family later that day (we were travelling on 2 PNRs). BA replied on Wednesday 15th confirming we were eligible and asking for our bank details. These were supplied and we've already had confirmation that the bank transfer requests had been made. Just waiting for them to drop into our account now. So, all in all, wrapped up in c7 days which is very acceptable.
BA had even got the delay notification right, telling us not to come to the airport until 5 hours later than original boarding time so we had extra time by the pool.
We were delayed on a flight arriving long haul into Gatwick from PUJ on Monday 13th April by over 6 hours. I submitted 2 claims via the webform for our family later that day (we were travelling on 2 PNRs). BA replied on Wednesday 15th confirming we were eligible and asking for our bank details. These were supplied and we've already had confirmation that the bank transfer requests had been made. Just waiting for them to drop into our account now. So, all in all, wrapped up in c7 days which is very acceptable.
BA had even got the delay notification right, telling us not to come to the airport until 5 hours later than original boarding time so we had extra time by the pool.
#504
Join Date: Apr 2015
Posts: 6
Your advice is much appreciated. BA should be phoning me today, I don't expect them to change their mind, but to choose their reasons more carefully and not saying that domestic flights aren't eligible!! I am sure she will say that an oil leak is An extraordinary circumstance and therefore does not qualify! We will see! Thanks again.
#505
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Join Date: Jan 2002
Posts: 44,584
Your advice is much appreciated. BA should be phoning me today, I don't expect them to change their mind, but to choose their reasons more carefully and not saying that domestic flights aren't eligible!! I am sure she will say that an oil leak is An extraordinary circumstance and therefore does not qualify! We will see! Thanks again.
either you want the compensation in which case the easiest method is to lodge the claim with MCOL or you want to be stalled until the 6 year limit comes up - which I suspect is what BA's approach will be
After 5.5 years do you really think there is much point in continiung to argue with BA?
#506
Join Date: Apr 2015
Posts: 6
Thanks again, out of politeness I took their call. I am glad I did, as she has had a change of heart and decided I am now entitled to the full amount! Apparently she did a manual process to check my claim which they have to do when their systems are down, and I qualify!!! Glad I didn't back down! So another success story!
#507
Thanks again, out of politeness I took their call. I am glad I did, as she has had a change of heart and decided I am now entitled to the full amount! Apparently she did a manual process to check my claim which they have to do when their systems are down, and I qualify!!! Glad I didn't back down! So another success story! ��
#508
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#509
Join Date: Apr 2015
Posts: 3
Hi all,
I'm currently going through a "situation" with BA over a compensation claim, and having read up quite a bit on the background to the EU regs, it looks like we are falling in to a bit of a grey area in the exemptions of responsibility for BA. However my dealing with them so far, as well as the extent of this thread, is bringing a fair amount of cynicism and doubt to me about their integrity, and I'm wondering whether anyone else has shared a similar experience or can advise on the best course of action?
Basically our flight BA115 Heathrow to JFK scheduled for departure at 16:10 on the 14th March 2015 was cancelled at circa 3am on the day of scheduled travel. When I read the text message alerting me of this in the morning I rang the helpline number given, I was told very specifically by the representative that it was due to "operational" reasons. I asked him several times what exactly this meant, and he couldn't provide any kind of sensible or useful answer, only make alternative flight arrangements for us (we flew the next day and landed in JFK 15 hours and 22 minutes later than scheduled).
Anyway, post holiday I completed a standard EC Regulation 261/2004 letter making a claim for the €600 (x2 passengers) plus £207.24 in other expenses incurred for hotel/food etc. I heard nothing back for 18 days, phoned them to chase it up, and it transpired they had apparently sent an email and got my address wrong. They have now changed their story completely, stating the following:
"Your claim’s been refused because BA0115 on 14 March 2015 was cancelled because of aircraft damage which wasn’t caused by us, which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation."
Over the phone they also denied any record of it being an "operational" issue, and have stated it has been forwarded to the line manager of the individual who gave me incorrect information.
What's more infuriating however is they are extremely cocksure that they are absolved of any responsibility, however they cannot back this up immediately with even the slightest bit of evidence or further details as to what exactly this damage was in nature or who it was caused by. It will be a further "month or more" until a detailed report is available to them, because their staff "are very busy". The definition of "us" is also a bit flakey. If the damage was caused by a “third party”, then arguably that third party could hypothetically be a contractor within BA’s supply chain, and arguably their activities would fall under the ultimate responsibility of BA for contracting with them in first place.
They have also tried to settle just for the £207.24, which I am cautious of doing at this stage in case it is deemed as waving any right to a further claim for the full amount.
The several mentions of "our legal teams are experts and have looked in to this" instead of reasonable and solid information does leave me with the impression this is nothing other than strong handed wrangling to reduce their liabilities.........or am I being unreasonable?
I'm currently going through a "situation" with BA over a compensation claim, and having read up quite a bit on the background to the EU regs, it looks like we are falling in to a bit of a grey area in the exemptions of responsibility for BA. However my dealing with them so far, as well as the extent of this thread, is bringing a fair amount of cynicism and doubt to me about their integrity, and I'm wondering whether anyone else has shared a similar experience or can advise on the best course of action?
Basically our flight BA115 Heathrow to JFK scheduled for departure at 16:10 on the 14th March 2015 was cancelled at circa 3am on the day of scheduled travel. When I read the text message alerting me of this in the morning I rang the helpline number given, I was told very specifically by the representative that it was due to "operational" reasons. I asked him several times what exactly this meant, and he couldn't provide any kind of sensible or useful answer, only make alternative flight arrangements for us (we flew the next day and landed in JFK 15 hours and 22 minutes later than scheduled).
Anyway, post holiday I completed a standard EC Regulation 261/2004 letter making a claim for the €600 (x2 passengers) plus £207.24 in other expenses incurred for hotel/food etc. I heard nothing back for 18 days, phoned them to chase it up, and it transpired they had apparently sent an email and got my address wrong. They have now changed their story completely, stating the following:
"Your claim’s been refused because BA0115 on 14 March 2015 was cancelled because of aircraft damage which wasn’t caused by us, which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation."
Over the phone they also denied any record of it being an "operational" issue, and have stated it has been forwarded to the line manager of the individual who gave me incorrect information.
What's more infuriating however is they are extremely cocksure that they are absolved of any responsibility, however they cannot back this up immediately with even the slightest bit of evidence or further details as to what exactly this damage was in nature or who it was caused by. It will be a further "month or more" until a detailed report is available to them, because their staff "are very busy". The definition of "us" is also a bit flakey. If the damage was caused by a “third party”, then arguably that third party could hypothetically be a contractor within BA’s supply chain, and arguably their activities would fall under the ultimate responsibility of BA for contracting with them in first place.
They have also tried to settle just for the £207.24, which I am cautious of doing at this stage in case it is deemed as waving any right to a further claim for the full amount.
The several mentions of "our legal teams are experts and have looked in to this" instead of reasonable and solid information does leave me with the impression this is nothing other than strong handed wrangling to reduce their liabilities.........or am I being unreasonable?
Last edited by Cymru Fach; Apr 20, 2015 at 4:32 pm
#510
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Join Date: Feb 2000
Location: London, UK and Southern France
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Welcome to FT, Cymru Fach.
This is a clear Huzar-type situation and they are trying to fob you off. At this stage just send a "letter before action" and give them a couple of weeks or so to reply. If they don't reply or do not change their position without providing a more appropriate reason, I would just go ahead with an MCOL action if I were in your shoes.
This is a clear Huzar-type situation and they are trying to fob you off. At this stage just send a "letter before action" and give them a couple of weeks or so to reply. If they don't reply or do not change their position without providing a more appropriate reason, I would just go ahead with an MCOL action if I were in your shoes.