M Nix

I was on a flight from LCY to GLA on 30/06/17. Almost last flight of the night, and there had clearly been some disruption during the day.

Our plane was on stand at our gate ready to go, but we were told by the gate staff that unfortunately our crew had been diverted onto another flight. Another crew was supposedly on its way in (from Dublin I believe they said at the time).

Turns out that this other crew came in too late, and we missed the 22.30 cut off to leave LCY so the flight was cancelled. Fair enough, it happens.

I applied for EU compensation for this, as flight was clearly cancelled by BA due to a decision by them to move our crew! However BA have since replied (after a month of waiting) that the reason our flight didn't leave was that it was hit by a bird on the way in and diverted!

This is clearly a lie and untrue as the plane was obviously at the gate ready to leave, and it was the fact that we were missing a crew which was the cause of the cancellation (clearly and explicitly stated by the staff at the time). I know that bird strikes are now exempt from compensation, but trying to claim a delay / cancellation was due to a bird strike, when it clearly wasn't is deceptive and wrong, surely?

What recourse can I now have to BA / who should I take this up with further? I'm still waiting on them to refund the hotel fees that I had to pay for out of pocket too (which the BA staff were all to eager to encourage us to do on the night).

irishguy28

Use one of the claims agencies to fight your case.

Wozza2404

What does Flight Stats say about your flight?

HarryKUK

These reasons just get better and better.

LondonElite

Check the BA Source for any reports of diversions resulting from bird strikes.

Ldnn1

Why? I would just do it directly - write to BA stating as OP explained above. Ask BA to provide evidence of the supposed bird strike and how this supposedly affected the flight, failing which just take it to CEDR or MCOL.

M Nix

Thanks all, I will write back to BA in the first instance, but I expect to have to wait another 4 weeks for a reply.

Re flight stats - I believe you need a subscription now to have to look at historical flights? I think it was BA 2210 on the 30/06/2017 if anyone has a subscription?

DYKWIA

I wonder how many others on that flight will have received the same response? If 90% of them don't take it further, somebody will have saved BA a decent amount. Maybe the CS staff are on a bonus

M Nix

That's what I thought! I wonder if a new tactic to try and avoid at least some of the compensation claims.. Seems pretty underhand though, I know BA aren't what they used to be, but surely they haven't sunk that far?

Misco60

This mirrors my recent experience, when BA Customer Service claimed that my flight was cancelled due to "weather, air traffic control restrictions or other reason outside our control" whereas it was, in fact, due to crew being out of hours.

Here's what I did:

1. Replied to BA, asking them to reconsider their initial response. They stuck to their guns.
2. Followed it up with a letter (sent recorded delivery) requesting payment in 14 days or I would "take the matter further". BA replied to say that they will defend any legal action robustly.
3. After 14 days, initiated a MCOL claim. BA replied to say that they intended to defend the claim.
4. At the very last moment before judgement would have been made automatically against BA, they backed down and paid the claim in full.

So, don't back down. Just pursue the claim and BA will, eventually, pay out.

And... yes, BA has sunk this far. It's sad.

Wozza2404

It's a common tactic with LCCs unfortunately. I've had a couple of instances claiming from Flybe and Easyjet where I got what I assumed to be a blanket refusal as their initial response. When I pushed back, both paid without a fuss. I guess if 50% of claimants just say "Oh well" it's worth them trying it.

Wizzair, on the other hand, just refuse all claims outright and will only pay out if you MCOL them.

stu1985

M Nix - I would push back on the response from BA yourself. give them 14 days to make payment in accordance with the Regs. If they don't do it at the end of that period, start a MCOL claim.

Oh, welcome to FT and the BA Board by the way. Hope you come back and let us know how you get on with the claim!

binman

Time for this compensation to be paid automatically back to original form of payment and within 7 days. There should also be an independent arbitrator to decide on the more challenging delays but still leaving the customer with a right of appeal.

Kgmm77

Exactly.

Its pretty simple, if airlines can't manage the process effectively and in a compliant manner themselves, its gets taken out of their hands and put into an independent body, not accountable to, but paid by, the airline industry.

Thats a well trodden path in other areas of consumer protection.

dnw

Try the CEDR, I've found them to be quick and free. I won a similar case very quickly through them where BA incorrectly denied EU compensation for a diversion. BA subscribe to the service so their decision is binding - just lay out the facts in simple, clear terms in the application.

https://www.cedr.com/aviation/application-form/