stephem

My BA85 flight to YVR a few weeks back was delayed due to baggage compartment door malfunction. Pilots made up some time so we landed 3:39 late even though we left over four hours late. .

I filed a request for EU300 reduced compensation and although it took about ten days to get a response but my request was granted on the first try.

brokenwindow

I have a bit of a situation I'm curious about.

If I was Involuntary Denied Boarding, and received notice that I would get €600 in compensation, then was put on another flight. Let's say that the new flight was scheduled to arrive at 15.00. Subsequently, that flight was also delayed, and has an estimated arrival at 23.00 instead. Am I eligible for 1x 600 euro for the IDB and 1x 600 Euro for the late arrival/delay?

UKtravelbear

the IDB and the (replacement) late flight are two separate issues so yes you would get two sets of compensation.

pallan12

I received notification by post that my claim was rejected for compensation and just left it at that as I knew it was a complex case and there was a chance it would be rejected.

However, today (around 2 weeks after I received the letter), I got an email from I assume BA's lawyers with the full case report attached. In the report it says that I did not provide detailed particulars of the claim to BA within the 14 day limit.

But I did provide BA with the details on the same day I lodged the claim with MCOL, via Customer Relations, including the MCOL claim reference and BA replied saying they would be used for the case. It's a little annoying as through MCOL it was hard to explain my case due to the word limit so the details I submitted to BA were very important.

Is there anything I can do about this now that the judgement has been made?

corporate-wage-slave

Can you perhaps clarify a few things? Who sent the notification referred to in your first paragraph? Was it the courts or BA? Have you had a Notice of Allocation? The two weeks you refer to seems to relate to the acknowledgement of service, which BA handles not you, and to which you have already said they have invoked.

Here is a simplified description of the process, perhaps you could indicate where you have got to?

http://www.citizensadvice.org.uk/law.../small-claims/

It's possible, incidentally, that the courts haven't passed on the particulars of claim, which I guess is the bit you said was restricted in terms of word length. But you are able to append a separate sheet, and that you post into the courts, and there is a 2 weeks limit on doing that. But if the core details are in the box you filled in, then BA can't use that line.

pallan12

Just went back through the documents I received.

Claim was raised on 17/1/17
I received a letter by post dated 2/2/17 from Norton Rose Fullbright advising that they would be defending the claim (apologies I read it wrong as it being rejected outright)
Then today I received an email from the same company with the full court case rejecting my claim

I just had a skim of the link you provided (very useful, thanks!) and I feel it was me who made the mistake in giving the detailed particulars. I completed the detailed particulars of the claim through the online form on BA's website. Customer Relations replied saying they acknowledged this and 'would be happy to provide this information when they contact us directly.' I wasn't aware I should have sent this by post.

corporate-wage-slave

OK, and what happened to the Notice of Allocation? Did you receive that? In form N1 I am fairly sure you have to put something, so my apologies but I am still struggling to understand what happened here.

pallan12

I have never received the Notification of Allocation, just the acknowledgement of service and final judgement today

corporate-wage-slave

OK, ring the court and ask them what happened. A number of aspects here don't make sense to me, but without a Notice of Allocation I can't see how there was a Judgement.

florens

Quite an interesting article, which I believe hasn't been discussed here:

http://www.travelweekly.co.uk/articl...y-compensation

corporate-wage-slave

Two airlines relevant here, in view of the BA codeshares (etc) are that AA are in the naughty corner (which surprises me somewhat) along with Vueling (which does not). One key aspect is whether airlines are using a dispute resolution process, which BA is via CEDR. For VY the report says:

hmlg

Hi

can anyone help me with telling me whether BA are right or doing the fobbing off route?

i flew from accra to london and was delayed by four hours. BA are saying the delay was caused due to checks necessitated by a heavy landing and so this is extraordinary circumstances.

i am not convinced but need to know what others think. if i put a complaint through their arbitration and it fails it costs me 25 pounds whereas if i do it through one of these no win no fee things i at least do not pay if it fails.

what are my chances?


Thanks

corporate-wage-slave

They are trying it on, that is inherent activity, and certainly not Extraordinary as defined. Follow the MCOL route outlined in the main EC261 thread, available via the Dashboard. I would not recommend CEDR in this scenario.

UKtravelbear

the date and flight numbers would be useful.

henkybaby

Frankly, doesn't matter at all. A heavy landing is not an excuse not to pay EC261. No matter what the date, route, destination etc.