The 2017 BA compensation thread: Your guide to Regulation EC261/2004
Dec 27, 2017, 11:14 am
#1831
Ambassador, British Airways Executive Club, easyJet and Ryanair
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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.
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.
Dec 27, 2017, 11:44 am
#1832
Join Date: Oct 2003
Location: London
Posts: 3,500
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 ^
Seriously, follow the CEDR / MCOL steps at this point - good luck ^
Dec 27, 2017, 11:48 am
#1833
Join Date: Nov 2004
Location: Manhattan Beach, California
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Posts: 6,367
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.
Dec 27, 2017, 12:15 pm
#1834
Ambassador, British Airways Executive Club, easyJet and Ryanair
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“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.
Dec 27, 2017, 12:45 pm
#1835
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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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.
Dec 27, 2017, 3:33 pm
#1836
Join Date: Jan 2017
Posts: 67
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.
Dec 27, 2017, 3:41 pm
#1837
Original Member
Join Date: May 1998
Location: Northern England
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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.
Dec 27, 2017, 3:55 pm
#1838
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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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.
Dec 29, 2017, 1:29 pm
#1839
Moderator: British Airways Executive Club
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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 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."
Dec 30, 2017, 5:29 pm
#1840
Join Date: Dec 2017
Posts: 3
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.
Dec 31, 2017, 3:18 am
#1841
Join Date: Jan 2017
Posts: 67
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.
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.
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.
Dec 31, 2017, 6:43 am
#1842
Join Date: Dec 2017
Posts: 3
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. 
Dec 31, 2017, 9:18 am
#1843
Join Date: Jan 2017
Posts: 67
I'm hopeful too.
Dec 31, 2017, 9:33 am
#1844
Original Member
Join Date: May 1998
Location: Northern England
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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.
I'm hopeful too.
Jan 1, 2018, 6:06 am
#1845
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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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
The 2018 BA compensation thread: Your guide to Regulation EC261/2004