BKflyerr

Hello all

***summary: 18 months fighting for a double charge to be refunded, can I get legal fees / small claims court costs repaid if I take BA to small claims court?***

Detail:
About 18 months ago I was flying home to UK, and had to change my flight. I changed it over the phone with BA and paid over the phone. The money came out of my account and I got a confirmation email about the change.

When I turned up to check in, I was informed my flight was not confirmed as I had not paid the change fee. I showed them my online bank account at the check-in desk showing the money paid to BA on the day I made the change, as well as the transaction ID, but they did not accept it. As the UK help team was closed at the time (it was 3am UK time), I had to pay again.

Since then I've been in a battle with them to get the money back.

So far I've had 4 rounds of being promised a refund "next week" by the refunds team verbally over the phone, only to check my account a few months later and no refund. Then I call them again and they (a) can't find my booking, (b) eventually find it and say "oh more information is needed".

Then it's the same information. I give them the transaction dates and IDs, it gets "approved for refund next week", then the cycle continues. This has happened 4 times. The customer service team seems to not care, they reply with a "contact the refunds team this is not our department", but I'm only contacting the CS team to raise a complaint.

Early dec 2017 - another 1 hour 15 min call and they "escalate it to the highest level", and "approve the refund", despite being asked to send in bank statements (even though they already have the transaction IDs and have verbally approved the refund 3 times before). Even still, I emailed in the bank scan to the email given as I was sure it wouldn't be processed. The email address writes back the next day saying "this isn't the refunds team so we can't help", despite the refunds team giving me the email address!

Then 2 weeks later the refunds team writes to me again, asking for bank account scans. They didn't tell me how to send it in to them, because the email is for sending out only!!! I've now sent them in, and emailed them 4 times since asking if my refund has been approved, and no response.

This is despite the refund being approved for the 4th time in early December.

It just goes on and on and on.

I now called again in Jan and the reference code I was given is no longer active, and they say I have not been in touch sine September so the case has been closed. ...??!!!!

So:

1) can I start a small claims case against them? And if I do, can I apply for any legal expenses reclaim, including the cost of the small claim application?

2) is it the financial Ombudsman to complain to? Or is there a specific travel one?

3) they've given me some Avios, but quite a pitiful amount considering maybe 3 hours on the phone, having to search bank account/transactions IDs all the time, empty promises etc. How can I get more compensation off them?

fransknorge

Put them to MCOL (you need an UK address for this), they will have to pay the legal fees if they go to court and lose. Likely it will not go to court as they will settle before this.
A chargeback with your credit card issuer is also an option, specially if it is AMEX.

Jpsartre

You may have left to too late but have you talked to your cardprovider about disputing one of the charges?

BKflyerr

They said as the 2nd one was done with my knowledge I couldn't get a chargeback.

BA claimed at the desk that I hadn't paid the flight change fee - which in fact I had - and blackmailed me into paying again by saying I either pay or don't get the flight.

BKflyerr

I've tried to avoid this, because the charge is £75 and they probably would settle and then I won't be able to get the £75 back. Or can I include that in a settlement?

THANKS.

Cymro

You can't claim legal fees (i.e., what a solicitor would charge) but you can claim the court costs (filing fees, hearing fees etc.). You can include the court fee in the settlement.

scottishpoet

I would agree no chargeback on the 2nd one, but one suggest that service has not been delivered on the first one and get that chargeback.

fransknorge

This is what I meant, apologies for being imprecise.

Ldnn1

I would just MCOL it. Most likely BA will simply pay the full amount plus court fee without any argument.

If they offer to settle for anything less than the claim+court fee just reject and take the claim forward. Sounds like there is no defence if they have quite clearly charged you twice for the same thing.

BKflyerr

Oh yes! Good point.

EsherFlyer

Just before you embarass yourself, I assume you've checked that the first payment wasn't actually refunded somewhere along the way? I once thought BA hadn't paid a refund, but because I download all my transactions I was able to track down that they had "randomly" sent it through at an unexpected time .