Delayed flight BA522 / IB3167 10 Aug 2018
Aug 11, 2018, 7:12 am
#16
Ambassador, British Airways Executive Club, easyJet and Ryanair
Join Date: Sep 2011
Location: UK/Las Vegas
Programs: BA Gold (GGL/CCR)
Posts: 15,924
As the operating carrier, IB is solely responsible. It is for IB to pursue BA or others for anything it must pay out. EC 261/2004 is written in clear and simple terms so that the passenger has one point of contact.
As you are a UK resident, you may take advantage of the MCOL process. Make your claim to IB. If it declines, send a Letter Before Action (forms on the MCOL website) and then proceed to file your MCOL action. IB will either pay out or fight you, but there is no reason to pay EUR 150 to a claims agency to do what you can do in 1/2 hour.
I say pay out because your compensation from IB will be nicked for 25% by the claims agency and thus while the naive believe it costs nothing, it does.
As you are a UK resident, you may take advantage of the MCOL process. Make your claim to IB. If it declines, send a Letter Before Action (forms on the MCOL website) and then proceed to file your MCOL action. IB will either pay out or fight you, but there is no reason to pay EUR 150 to a claims agency to do what you can do in 1/2 hour.
I say pay out because your compensation from IB will be nicked for 25% by the claims agency and thus while the naive believe it costs nothing, it does.
Aug 27, 2018, 7:29 am
#17
Original Poster
Join Date: Dec 2011
Location: London
Programs: BAEC
Posts: 166
An update. My friend filed a claim with IB on their website. They came back with this lame rejection:
We now intend pursuing this with the CAA as per @schrodingerdog 's advice above and if that fails then following the MCOL process as per @Often1 's advice. Then maybe get a lawyer. Does that seem like a reasonable way to progress?
Thanks
alpen
We apologize for the inconvenience caused by the incident on your flight IB3167 dated 10/08/2018.
In order to carry out our daily operation, we depend on external factors that are beyond our scope of control and before which we have no possibility of action. Our main objective is to offer a better service to our customers every day and reduce the impact of these factors on their experience. Unfortunately, and despite our efforts, in this case we were not been able to prevent our customers from being affected.
We thank you for your understanding and reiterate our apologies for not having fulfilled your expectations.
We hope your next flights are satisfactory. Thank you for continuing trust in Iberia.
In order to carry out our daily operation, we depend on external factors that are beyond our scope of control and before which we have no possibility of action. Our main objective is to offer a better service to our customers every day and reduce the impact of these factors on their experience. Unfortunately, and despite our efforts, in this case we were not been able to prevent our customers from being affected.
We thank you for your understanding and reiterate our apologies for not having fulfilled your expectations.
We hope your next flights are satisfactory. Thank you for continuing trust in Iberia.
Thanks
alpen
Sep 27, 2018, 6:17 am
#18
Original Poster
Join Date: Dec 2011
Location: London
Programs: BAEC
Posts: 166
Hi all
An update:
IB rejected the claim outright.
On 8 Sept we contacted the CAA and on 12 Sept they agreed to pursue it.
Today IB contacted my friend. They've reviewed the case after hearing from the CAA & have agreed to pay the full €600. Result!
Thanks for all the advice above.
An update:
IB rejected the claim outright.
On 8 Sept we contacted the CAA and on 12 Sept they agreed to pursue it.
Today IB contacted my friend. They've reviewed the case after hearing from the CAA & have agreed to pay the full €600. Result!
Thanks for all the advice above.