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The 2017 BA compensation thread: Your guide to Regulation EC261/2004

The 2017 BA compensation thread: Your guide to Regulation EC261/2004

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Old Dec 27, 17, 11:14 am
  #1831  
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Originally Posted by tom tulpe View Post
Do you want to thank the crew? in that case, what 710 77345 said.
Do you want to go after people you suspect of intentional misrepresentation or concealment of an important fact upon which the victim is meant to rely, and in fact does rely, to the harm of the victim, in order to secure unfair or unlawful gain (AKA the old common law offence of fraud), which is substantially the same as "Fraud by false representation" under the Fraud Act 2006, then it's the police. The might not be very interested though.
There is no fraud, letís not unnecessarily confuse the minds of those affected. The delay could have been both technical and weather related, it is up to BA to prove which it was.
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Old Dec 27, 17, 11:44 am
  #1832  
 
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Originally Posted by tom tulpe View Post
Do you want to thank the crew? in that case, what 710 77345 said.
Oh, I thought he was wanting to report the staff members who gave him the false information denying his claim to BA management - management would no doubt want to thank the staff member for following the company culture at the same time as trying to save BA money

Seriously, follow the CEDR / MCOL steps at this point - good luck
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Old Dec 27, 17, 11:48 am
  #1833  
 
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Originally Posted by Tobias-UK View Post


There is no fraud, letís not unnecessarily confuse the minds of those affected. The delay could have been both technical and weather related, it is up to BA to prove which it was.
ďCould have beenĒ. Exactly, it could have been, but based on crew comments and my identical experience on the YVR route on other occasions, I would say there is a high likelihood it was unavailability of a replacement 747 at that late hour after a technical fault on the scheduled plane, and not weather.
Incorrect reporting, especially if knowing and intentional, by the airline might be something a regulatory agency cared about, notwithstanding the opinion here that BA can do no wrong. What a classy airline that knows how to treat premium passengers, no wonder they have firesale AUP offers to F from the US whenever I fly them, nobody in their right mind would pay full fare for this quality of service.
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Old Dec 27, 17, 12:15 pm
  #1834  
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Originally Posted by stephem View Post

“Could have been”. Exactly, it could have been, but based on crew comments and my identical experience on the YVR route on other occasions, I would say there is a high likelihood it was unavailability of a replacement 747 at that late hour after a technical fault on the scheduled plane, and not weather.
Incorrect reporting, especially if knowing and intentional, by the airline might be something a regulatory agency cared about, notwithstanding the opinion here that BA can do no wrong. What a classy airline that knows how to treat premium passengers, no wonder they have firesale AUP offers to F from the US whenever I fly them, nobody in their right mind would pay full fare for this quality of service.
For this topic to have any efficacy we really need to concentrate on facts and not be distracted by conjecture or meta discussion on unrelated issues. If you want to moan about BA’s inflight service or handling of IRROPS there are plenty of other discussions in this forums for you to make your points. Let’s please leave this topic to provide assistance to those seeking help with their EC261 claims.

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Old Dec 27, 17, 12:45 pm
  #1835  
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Originally Posted by Tim_T View Post
thanks for reporting back. This makes the CEDR decision in BAs favour for my claim even more difficult to agree with. Unfortunately there is no way to appeal or even complain about CEDR so Iím now following the legal route.
I think it's fair to point out one big difference between the two examples here. As I understand it, you were on a IAH service, which is a Mixed Fleet route, whereas DFW is World Wide crew. I accept there is an argument that "all reasonable measures" should also apply to your flight - however in the case of DFW the crew simply were not on strike so it seems a rather stronger argument to me.
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Old Dec 27, 17, 3:33 pm
  #1836  
 
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Originally Posted by AbileneBound View Post
15th December CEDR say hey have appointed adjudicator.
27th December CEDR tell me that they have decided in my favour and BA now have 20 days to pay me 600 Euro.

Success! In just five short months!
Great result, well done for seeing it through.

It would be very helpful if you could post the wording from CEDR or PM me failing that.

The more we know about CEDR the better we can help others.

Congrats again.
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Old Dec 27, 17, 3:41 pm
  #1837  
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Originally Posted by corporate-wage-slave View Post
I think it's fair to point out one big difference between the two examples here. As I understand it, you were on a IAH service, which is a Mixed Fleet route, whereas DFW is World Wide crew. I accept there is an argument that "all reasonable measures" should also apply to your flight - however in the case of DFW the crew simply were not on strike so it seems a rather stronger argument to me.
thats correct cws - but I still feel CEDR were wrong and itís annoying you canít even submit a complaint.
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Old Dec 27, 17, 3:55 pm
  #1838  
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Originally Posted by Tim_T View Post
thats correct cws - but I still feel CEDR were wrong and itís annoying you canít even submit a complaint.
Well if you decide to go the MCOL route (though I'm not sure this is a good idea) then should they come to a different conclusion then I imagine a complaint to the CEDR management team at that stage would at least be given a review. MCOL works of somewhat different principles, there can be good reasons to explain different outcomes.
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Old Dec 29, 17, 1:29 pm
  #1839  
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Originally Posted by golfmad View Post
I filed my case with CEDR today and will report back with the outcome. For the benefit of anyone else searching in the future this relates to a bird strike on an inbound flight into LHR causing a delay to the subsequent flight that I was on for which a claim has been denied by the airline due to exceptional circumstances.
I received the following from BA today via CEDR and I have accepted their offer. Thanks to those who assisted me with opinions up thread.

"I refer to the claim received from the Centre for Effective Dispute Resolution. Firstly, I would like to apologise for the problems you experienced when you travelled with us on 21 September 2017. I do not underestimate the inconvenience caused to your travel plans. Your claim for compensation for the problems you experienced will not succeed in law and British Airways denies liability for your claim. However, with no admission of liability, on this occasion we will pay your claim in full in order to conclude this matter now."
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Old Dec 30, 17, 5:29 pm
  #1840  
 
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Originally Posted by AbileneBound View Post
15th December CEDR say hey have appointed adjudicator.
27th December CEDR tell me that they have decided in my favour and BA now have 20 days to pay me 600 Euro.

Success! In just five short months!
AbileneBound, I've registered to say thank you for following through and keeping the thread updated with your progress on this situation. I am currently going through the exact same thing (with a similar time frame) and have been eagerly following your posts to see if you were successful or not.

Many thanks to all other contributors as well who have been very helpful in building a defense. I was travelling from Heathrow to Dallas and BAs defense to my claim is that it was an extraordinary circumstance due to BA Mixed Fleet cabin crew strikes...

I'm in the "pending adjudicator appointment" phase at the moment.
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Old Dec 31, 17, 3:18 am
  #1841  
 
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Originally Posted by heavenonearth View Post
AbileneBound, I've registered to say thank you for following through and keeping the thread updated with your progress on this situation. I am currently going through the exact same thing (with a similar time frame) and have been eagerly following your posts to see if you were successful or not.

Many thanks to all other contributors as well who have been very helpful in building a defense. I was travelling from Heathrow to Dallas and BAs defense to my claim is that it was an extraordinary circumstance due to BA Mixed Fleet cabin crew strikes...

I'm in the "pending adjudicator appointment" phase at the moment.
Hi heavenonearth,

Hope you included the information from the CAA regarding their thoughts on strikes within the same company. Link here...

The 2017 BA compensation thread: Your guide to Regulation EC261/2004

Good luck with your case.
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Old Dec 31, 17, 6:43 am
  #1842  
 
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Thanks Tyzap! I did indeed highlight that the CAA specifically calls out strike action when it is unrelated to the airline, and that cabin crew are very much part of the airline themselves. I am hopeful.
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Old Dec 31, 17, 9:18 am
  #1843  
 
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Originally Posted by heavenonearth View Post
Thanks Tyzap! I did indeed highlight that the CAA specifically calls out strike action when it is unrelated to the airline, and that cabin crew are very much part of the airline themselves. I am hopeful.
Unfortunately TimT, upthread, fell foul to what I'll call a 'rogue' CEDR adjudicator, who made an illogical and ill informed decision in my opinion. It's not only CEDR where this can happen tho, there are no guarantees as to which way it will go when it's down to just one persons opinion. It happened to me in a magistrates court and then took a lot of effort and cost to appeal that decision. As in Tim's case, should you fail at CEDR, you still have MCOL to fall back on.

I'm hopeful too.
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Old Dec 31, 17, 9:33 am
  #1844  
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Originally Posted by Tyzap View Post
Unfortunately TimT, upthread, fell foul to what I'll call a 'rogue' CEDR adjudicator, who made an illogical and ill informed decision in my opinion. It's not only CEDR where this can happen tho, there are no guarantees as to which way it will go when it's down to just one persons opinion. It happened to me in a magistrates court and then took a lot of effort and cost to appeal that decision. As in Tim's case, should you fail at CEDR, you still have MCOL to fall back on.

I'm hopeful too.
thanks tyzap, the adjudicator gave weight to evidence provided by BA that had been disproved in court on what is considered extraordinary circumstances. Unfortunately you have no way to go back to CEDR and tell them they were wrong.
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Old Jan 1, 18, 6:06 am
  #1845  
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This has been another busy year for this thread. However now is the time to close it, so as to keep it manageable. The thread for 2018 can be found here.

The 2018 BA compensation thread: Your guide to Regulation EC261/2004
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