FlyingMoonwards

Hi,

We're having an issue concerning faulty ex gratia payment cards issued by BA. From discussions with Customer Service we understand this might be affecting quite a few other customers as well. We'd be very grateful for any advice...

My wife and I were involuntarily downgraded from First to Business on a BA flight back to London several months ago.

At the check-in desk we were offered and accepted 2 x £500 British Airways-branded ex gratia payment cards (prepaid MasterCards) from the ground staff. We tried to use these immediately when we arrived back in the UK, but the cards did not work all, whether we tried online, at an ATM, wherever.

We notified BA immediately about this issue. After a couple of months of discussing with Customer Service, the wheels seem to have stopped turning at BA's end.

Their position is:

• They are aware that the EGPCs issued to a number of customers are faulty and do not work.
• They are disputing this with MasterCard.
• They acknowledge that the money on the cards has not been spent.
• But BA refuse to make alternative arrangements for payment to affected customers, until they have separately resolved their own dispute with MasterCard, which apparently could take months.

After exhausting the Customer Service route we wrote to Alex Cruz's office. Someone called us the next day, but simply to repeat the mantra above.

It feels to us that not only have we suffered the flight downgrade inconvenience, but BA are trying to make their promise to pay us the 2 x £500 at the gate contingent on the dispute they are having with MasterCard. In any event, we are still out of pocket for the £1000 we accepted at the check-in desk.

We would be grateful for any advice on what to do next ... or any data points if anyone else is also having this issue ... many thanks in advance.

DYKWIA

Note, you should be due 75% of the ticket price on top of what BA have already paid. Obviously, it's worth sorting the £500 Mastercard initially before claiming the EU261 mandated payment.

FlyingMoonwards

Thank you - I forgot to mention that we have already pursued the EU261 compensation/refund separately (and this has been paid).

BA have confirmed a number of times during our discussions that the 2 x £500 MasterCards are in addition to the EU261 compensation/refund.

corporate-wage-slave

Welcome to Flyertalk and the BA Forum FlyingMoonwards, it's good to see you here, and I hope you will continue to participate in this forum.

Luckily I think there is a relatively straightforward answer. If you go to the Dashboard you will see a thread on EC261/2004, which covers the Regulation that governs downgrades. I think you can simply use that thread to work out what you are due, and then require BA to refund you the full amount. They won't be able to rely on giving you the £500 card since you've simply haven't had the money. You need to follow through the process outlined there, using CEDR or MCOL if necessary, and you will in due course recover the £500.

EDIT: Usually BA include the £500 in the compensation calculation, I'd be very surprise if you have had the full amount due to you already, so perhaps you can confirm what you have had alreeady?

NeverFirst

I'm afraid I have no advice to offer but just wanted to say that this behaviour on the part of BA is just stupid and short-sighted (particularly if the CEO's office got involved).

And *especially* as you're a premium customer. You'd think they would be bending over backwards to keep you happy (within reason).

I'd send a lawyer's letter if you fancied going down that route - but do keep at it.

FlyingMoonwards

Hi C-W-S, and thank you for the welcome I've lurked for a long time but it's good to have signed up and posting now!

I think our posts might have crossed, but we've already pursued the EU261 route, and that has been paid out by BA (your advice in that thread was exceptionally helpful, thank you).

However, BA have (a number of times) confirmed to us that the 2 x £500 are in addition to any other compensation/refund due, as they are additional payments.

Tobias-UK

That would be an unnecessary waste of money, claims such as this can be easily and successfully undertaken without the need for (or expense of) lawyers or claims services.

Tobias-UK

In that case, small claims court is your friend. Claim the value of the cards.

UKtravelbear

Their dispute with mastercard is not your dispute.

Send the BA legal department a simple letter stating the facts - as you have done in your initial post here - that you are still waiting for your £1,000 that BA have acknowledged they owe you and advising that if you havn't received it within 14 working days then you'll take them to court via Money Claim On Line.

Tobias-UK

No need to go into any real detail. All that is relevant is that they were given £1,000 compensation for a disrupted flight, that compensation was provided in the form of a pre-loaded MasterCard, the monies cannot be accessed because the card is faulty, BA have acknowledged there is a fault with the card but have so far refused to replace the card or pay the sum due by alternative means. There is no need to regurgitate the downgrade arguments, all that is irrelevant. The claim is for the the value of the sum loaded on the damaged card - it is not a claim for the downgrade.

danielonn

BA should then just send you a check for 1,000 Pounds and be done with it.

AC*SE

This is no different than a dishonoured cheque. You were provided with a form of payment which provided you with no benefit. If BA will not make good on what was tendered to you, then there's little point in arguing or waiting. Take them to court and demand that they make good on their dishonoured payment.

dougzz

Immediately to MCOL, what possible defence could they offer.

Tobias-UK

Well, he first needs to give notice of intent to issue proceedings. Based on what the OP tells us, I can see no arguable defence. This is a straightforward claim for the value of the funds on the card, not about anything else.

FlyingMoonwards

Thank you very much everyone for your thoughts and suggestions!

It seems that sending a letter of notice intend to issue proceedings to BA may be the next logical step, and then if they don't reply adequately within (say) 14 days, following up with a MCOL claim...