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The 2016 BA compensation thread: Your guide to Regulation 261/2004

The 2016 BA compensation thread: Your guide to Regulation 261/2004

Old Aug 17, 2016, 10:52 am
  #976  
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Originally Posted by olouie
Has anyone actually filed an MCOL claim? Looking for tips since I gave BA 16 days notice after their latest rejection and haven't heard anything back from them since. I might give it another week or two then start the MCOL process.
Nope, no point being soft about it. Do as you said you would do, and don't mess about. Otherwise why set a 16 day deadline? You are wasting your time and their's by making idle threats. Day 17 you press the button, and ditto throughout. This is consumer protection legislation, and BA - believe it or not - is a blue chip, profitable company, with many lawyers on the payroll.

See post 7 and the link to a previous year's thread to see how to do it properly.
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Old Aug 18, 2016, 3:49 am
  #977  
 
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Originally Posted by lorcancoyle
You're a victim of BA's downgraded customer relations. Time to send a letter before action as described in early posts, their position is untenable if they didn't offer an alternative in that -2/+4 band
Yes, that's what I was fearing. I did sent a letter together with a clear statement of them misquoting EC261/2004 and how they are still liable.
If I go to MCOL with a solicitor, would they have to cover those costs? Or do I have to pay those?
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Old Aug 18, 2016, 5:27 am
  #978  
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Originally Posted by tdnpf
Yes, that's what I was fearing. I did sent a letter together with a clear statement of them misquoting EC261/2004 and how they are still liable.
If I go to MCOL with a solicitor, would they have to cover those costs? Or do I have to pay those?

You would have to pay solicitor fees yourself and they aren't generally recoverable from the defendant.

Should you win you would get the MCOL fees back though.

MCOL is designed so the average person can persue claims without the need for a solicitor.
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Old Aug 18, 2016, 6:48 am
  #979  
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Originally Posted by tdnpf
If I go to MCOL with a solicitor, would they have to cover those costs? Or do I have to pay those?
The other option is that some home insurance policies include legal advice as part of the package. At worst, this is just a phone call with a solicitor, who may well have considerable MCOL experience, but I suspect would have less EC261 experience than is shown by the regulars in this thread. At best, the policy may pay for Bott (or equivalent) to take on your case.
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Old Aug 18, 2016, 6:49 am
  #980  
 
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Originally Posted by UKtravelbear
You would have to pay solicitor fees yourself and they aren't generally recoverable from the defendant.

Should you win you would get the MCOL fees back though.

MCOL is designed so the average person can persue claims without the need for a solicitor.
Basically any expenses incurred aren't recoverable. That's why it can be particularly frustrating if you have to go all the way to court. I think the only exception is if you have lost earnings (with a letter from your employer) due to having to take a day off work to attend the hearing...
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Old Aug 18, 2016, 1:41 pm
  #981  
 
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I left a message on Twitter in the end and got a call within 24 hours confirming that I was successful with my claim. Took bank account details over the phone to make the credit.

Makes up for a miserable end to a holiday at Heathrow
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Old Aug 18, 2016, 1:43 pm
  #982  
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Good to hear that, seems like 4 - 6 weeks plus Twitter is a realistic timeframe for anyone lurking with a similar FLY problem from end of June / early July.
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Old Aug 22, 2016, 6:45 pm
  #983  
 
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Yesterday I flew LAS-LHR-DUB. Due to "technical reasons", a faulty door we arrived in LHR 2 hours later than scheduled. This caused me to miss my connection and was put on a later LHR to DUB flight. Due to the revised flight, I arrived in Dublin near 5 hours later than original scheduled. Is this a case I can claim for? and to with value?

Thanks,
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Old Aug 22, 2016, 7:14 pm
  #984  
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Depends on which airline the LAS-LHR flight was on

If it was a flight operated by an EU carrier ( such as BA ) , then yes
If it was a flight operated by a non EU carrier ( such as AA ) , then no
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Old Aug 22, 2016, 7:47 pm
  #985  
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And as LAS-LHR is only operated by EU carriers, then yes, 600€.
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Old Aug 23, 2016, 2:41 am
  #986  
 
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Thank you guys, yes it was BA. Claim going in now.
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Old Aug 23, 2016, 7:30 am
  #987  
 
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Originally Posted by TheMajor
Thank you guys, yes it was BA. Claim going in now.
Don't be fobbed off by any attempt by BA to give you €250 for shorthaul flight - they've been known to try it...
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Old Aug 24, 2016, 1:57 am
  #988  
 
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Responds to simple EU261 claims can happen reasonably fast. Thanks to this thread I bothered filing a claim:

Original flight plan July 12th:
BAW 811, CPH-LHR 07:15 AM - 08:30 AM
BAW 217, LHR-IAD 10:50 AM - 01:50 AM
The JetTime operated 811 were delayed due to a warning light in the cockpit. It was resolved after almost two hours sitting at a remote stand (as i understood it a fuse were replaced), and we arrived at LHR around 10:30 AM -- and thus too late for the connecting. Flight connections rebooked me swiftly to the evenings BAW 293, at 05:20 PM with arrival at 08:25PM... This is one of those times you rejoice being silver, lounge access is really is a blessing in this case!

Total time delayed > 6 hours, so EU261 claim for the delay seemed straight forward, and it was. I filed the claim on the 18th of August, and on the 22th I got the following responds:

Dear Mr xxx

Thanks for contacting us about your claim for compensation. We’re very sorry it was necessary to delay your flight from Copenhagen in our Club cabin on 12 July and we don’t underestimate how much this must have disrupted your travel plans.

We take all reasonable measures to avoid delaying a flight and we’ll always consider if there are any operational options available before we make a decision. However, I’ve checked the details of your journey and I’m pleased to advise you’re entitled to compensation for the delay to your flight BA811 on 12 July 2016. The distance of your disrupted journey was over 3,500km and this has been calculated in accordance with EU legislation. This means you’re entitled to €600.00 in compensation.

Please send us your full bank details (name of the bank, IBAN and SWIFT) so I can arrange the transfer of DKK 4466.00 (€600.00) to your account.

Thanks again for getting in touch. We appreciate your support as a Silver member of our Executive Club. Please feel free to contact us if we can help you with anyting else. We wish you a pleasant flight with us in September.

Best regards

xxxx
We'll see how fast they are with the actual transfer, but I was surprised how fast BA responded!
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Old Aug 24, 2016, 2:34 am
  #989  
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Originally Posted by Triss
We'll see how fast they are with the actual transfer, but I was surprised how fast BA responded!
Welcome to Flyertalk and welcome to the BA forum Triss. It's good to see you here and I do hope we can see you elsewhere in this forum. Thank you for the data point, if you supplied the relevant banking information the money is normally in your account in 2 to 4 days. BA are reasonably fast where, like with you, it's a clear case to which there's no point arguing.
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Old Aug 25, 2016, 11:41 am
  #990  
 
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Think this one is pretty straightforward, but hoping to just confirm, as I haven't done this before. I was booked FRA-LCY at 11:30 AM today, staying at a hotel in the East End, where I would have arrived no later than 2 PM. The inbound flight, according to the BA agent who walked by the gate to tell us we were indefinitely delayed, went mechanical and never left LCY. After two hours, the flight was cancelled and I was re-booked on FRA-LHR, which was scheduled to leave at 2:30 PM and didn't actually leave until 3:03 PM, per FlightAware. I then took a taxi from LHR to my hotel (£110, staggering), which I arrived at just after 6:00 PM. The only thing the BA ticketing agent gave me was an 8 EUR voucher for food.

I should receive 250 EUR in compensation per EU261 and the £110 for the taxi, correct?
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