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The 2015 BA compensation thread: Your guide to Regulation 261/2004

The 2015 BA compensation thread: Your guide to Regulation 261/2004

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Old Apr 17, 15, 11:02 am
  #496  
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Originally Posted by nufnuf77 View Post
I hope somebody who has experience with claims taken to MCOL past 6 years of flight date will be able to comment on your chances there(I am not a lawyer).

Flight was in October 2009


October 2009 + 6 years = October 2015

So OP has a few months left on the clock
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Old Apr 17, 15, 2:17 pm
  #497  
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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
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Old Apr 17, 15, 3:11 pm
  #498  
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Originally Posted by UKtravelbear View Post
Flight was in October 2009


October 2009 + 6 years = October 2015

So OP has a few months left on the clock
Well spotted For some reason I was counting from Feb'09, stupid me, must have misread the original post.

Originally Posted by Dave Noble View Post
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
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.
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Old Apr 17, 15, 3:36 pm
  #499  
 
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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.
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Old Apr 17, 15, 4:03 pm
  #500  
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Originally Posted by Batchtj View Post
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.
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
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Old Apr 17, 15, 4:09 pm
  #501  
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Originally Posted by Dave Noble View Post
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
Agreed, stop discussing it, when they call you just repeat your claim, if they say 'no' or '50%' send a registered letter (so you have some evidence for the court that you attempted to resolve outside of court) and then MCOL. Do not wait for too long, because once 6 years is up, the court will probably not help you.
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Old Apr 17, 15, 4:17 pm
  #502  
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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
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Old Apr 18, 15, 10:34 am
  #503  
 
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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.
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Old Apr 20, 15, 3:12 am
  #504  
 
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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.
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Old Apr 20, 15, 3:56 am
  #505  
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Originally Posted by Batchtj View Post
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.
There really is no point continuing to discuss it with BA methinks

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?
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Old Apr 20, 15, 8:31 am
  #506  
 
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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! ��
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Old Apr 20, 15, 8:36 am
  #507  
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Originally Posted by Batchtj View Post
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! ��
Calling this a success story is questionable (given how many people would have given up on first/second/third occasion and that's what BA is probably trying to do by this approach ) But a success for getting your money - definitely!
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Old Apr 20, 15, 3:53 pm
  #508  
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Originally Posted by Batchtj View Post
... Glad I didn't back down! So another success story! ��
Good for you - and looking good. Although I wouldn't refer to is as successful until the compensation is in your bank ... please report back how long this takes.
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Old Apr 20, 15, 4:26 pm
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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?

Last edited by Cymru Fach; Apr 20, 15 at 4:32 pm
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Old Apr 20, 15, 5:59 pm
  #510  
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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.
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