Jan 3, 2021, 2:19 am
Last edit by: corporate-wage-slave
Link to the full original text of the regulations in PDF format
Downgrades: Mennens case - calculation formula is in this post
Brexit and Covid pointers: see post 8
Click here for last year's (2020) thread.
Downgrades: Mennens case - calculation formula is in this post
Brexit and Covid pointers: see post 8
Click here for last year's (2020) thread.
The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004
Jul 19, 2022, 8:38 am
#1891
Join Date: Feb 2020
Programs: BAEC Gold
Posts: 90
I did MCOL for my claim and noted I would put separate claims in for the other 3 passengers on the booking if mine was successful. They agreed to pay up before it went to court, I sent that email into BA and they paid up for the other three passengers within a few days. Overall it was very easy and relatively quick.
Jul 19, 2022, 10:39 am
#1892
Join Date: Dec 2010
Location: Lincoln, UK
Programs: BAEC Gold, IHG Spire Ambassador, Hilton Diamond, Starbucks Gold
Posts: 1,266
Train operating companies now have "Delay Repay" where the money can be in your bank account by the end of the day, no questions asked and no need to claim anything. How hard can it be to force airlines flying to / from the UK (now we have taken back control?) to operate the same principle of paying out whether the passenger claims or not. Flights marked as eligible for 261 payments means nobody has to claim and compensation is paid regardless. If the airline chooses to claim extraordinary circumstances and this claim is later denied by a passenger MCOL claim, the entire manifest should receive double compensation as punishment. I accept it may affect pricing, but only or those airlines that continuously offer a shoddy service and seem more interested in avoiding complaints rather than improving service.
How hard can it be? Not very.
Would it stop airlines fobbing people off in the hope they go away? Maybe.
Would it make airlines offer a better service with more resilience? Definitely.
Actually, thinking about it, BA's IT infrastructure would probably explode at the thought of this.
How hard can it be? Not very.
Would it stop airlines fobbing people off in the hope they go away? Maybe.
Would it make airlines offer a better service with more resilience? Definitely.
Actually, thinking about it, BA's IT infrastructure would probably explode at the thought of this.
Jul 19, 2022, 11:25 am
#1893
Join Date: Jun 2018
Programs: BAEC Silver
Posts: 160
There are some comments about this in the main thread for EC261 but in essence
- CEDR is free to use, reasonably consumer friendly in terms of dialogue, not quick, and outcomes are very strictly, too strictly precedent based. They are paid by BA so it's not truly independent. Some of their staff appear poorly trained in broader consumer rights. CEDR is able to cope with Avios better than MCOL. It's just less scary than MCOL.
- MCOL has costs, first to register the claim and then to force a court hearing, £100 isn't unusual. It's more difficult to access and to do your claim justice it requires some research and homework. However once in the system the judicial system, it's processed efficiently, and it recognises the bias that is explicitly in EC261's wording, which says that the Regulation is intended to give a high level of consumer protection. CEDR seems to take little interest in this
- CEDR is free to use, reasonably consumer friendly in terms of dialogue, not quick, and outcomes are very strictly, too strictly precedent based. They are paid by BA so it's not truly independent. Some of their staff appear poorly trained in broader consumer rights. CEDR is able to cope with Avios better than MCOL. It's just less scary than MCOL.
- MCOL has costs, first to register the claim and then to force a court hearing, £100 isn't unusual. It's more difficult to access and to do your claim justice it requires some research and homework. However once in the system the judicial system, it's processed efficiently, and it recognises the bias that is explicitly in EC261's wording, which says that the Regulation is intended to give a high level of consumer protection. CEDR seems to take little interest in this
Jul 19, 2022, 11:29 am
#1894
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,791
It can be your solicitor's address, to take one example of many.
Jul 19, 2022, 12:01 pm
#1895
Join Date: Mar 2007
Posts: 4,966
I filed it myself without a UK address before (2019 ish) and it worked fine. Not sure if that was the requirement back then too.
Jul 19, 2022, 12:23 pm
#1896
Join Date: Oct 2004
Location: Austin
Programs: Too Many
Posts: 152
Ha, I’m a couple of days ahead of you, currently on day 52, and I’ve also had no communication other than acknowledgment of receipt of complaint.
This claim is for the return of a journey, I had a claim on the outbound which I went to CEDR after 8 weeks of hearing nothing from BA. BA did eventually pay up in full a couple of weeks after I submitted to CEDR.
I intend to do same this time round and raise complaint with CEDR after the 8 week mark.
This claim is for the return of a journey, I had a claim on the outbound which I went to CEDR after 8 weeks of hearing nothing from BA. BA did eventually pay up in full a couple of weeks after I submitted to CEDR.
I intend to do same this time round and raise complaint with CEDR after the 8 week mark.
Jul 19, 2022, 1:07 pm
#1897
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,791
CEDR is purely online, so yes, go to their website once you have reached the 8 week point from your initial complaint or have a deadlock letter. They are quite used to USA passengers using the service.
Jul 19, 2022, 1:23 pm
#1898
Join Date: Jun 2011
Programs: BAEC Gold, HHonors Gold, Marriot Bonvoy Gold, MeliaRewards Gold, Radisson Gold
Posts: 816
There have been a few messages above highlighting the fees as a downside of the MCOL process, however I have raised several MCOLs in my time and have always included the cost of the fee in the claim itself and never has that been challenged...
I think the only real risk of not getting the fee back is if you claim is completely misguided and it gets tossed out - however in a situation like the one a few posts above (staff sickness...pffft) where you have pretty high confidence in your claim - then I'd say go the MCOL route and include the court fee in the claim.
I think the only real risk of not getting the fee back is if you claim is completely misguided and it gets tossed out - however in a situation like the one a few posts above (staff sickness...pffft) where you have pretty high confidence in your claim - then I'd say go the MCOL route and include the court fee in the claim.
Jul 19, 2022, 1:29 pm
#1899
Join Date: Jun 2011
Programs: BAEC Gold, HHonors Gold, Marriot Bonvoy Gold, MeliaRewards Gold, Radisson Gold
Posts: 816
Final decision received....."An update from British Airways
Thanks for contacting us about your claim for EU compensation. We're sorry it was necessary to delay flight, BA0664, on 11 June. I understand this is something you feel strongly about and I appreciate why you're unhappy with our previous reply.
/snip
.
Thanks for contacting us about your claim for EU compensation. We're sorry it was necessary to delay flight, BA0664, on 11 June. I understand this is something you feel strongly about and I appreciate why you're unhappy with our previous reply.
/snip
.
Jul 19, 2022, 1:33 pm
#1900
Ambassador, British Airways Executive Club, easyJet and Ryanair
Join Date: Sep 2011
Location: UK/Las Vegas
Programs: BA Gold (GGL/CCR)
Posts: 15,924
Seriously, someone really needs to step in here and advise BA - in no uncertain terms - that they should not and cannot deny claims any longer for this kind of reason. They are literally shirking their legal obligations, in the hope that a proportion of their customers simply wont understand their rights or will run out of energy and will just throw in the towel without further action. It actually boils my blood that they think they can get away with this (and indeed, most likely DO get away with it) and seemingly no one is willing or able to intervene and put a stop to it once and for all.
Jul 19, 2022, 1:57 pm
#1901
Join Date: Jun 2011
Programs: BAEC Gold, HHonors Gold, Marriot Bonvoy Gold, MeliaRewards Gold, Radisson Gold
Posts: 816
Jul 19, 2022, 2:48 pm
#1902
Join Date: Jan 2012
Location: London
Programs: BA BLUE BADGE
Posts: 1,323
Jul 19, 2022, 6:37 pm
#1903
Join Date: Feb 2009
Location: YYC
Programs: BA bronze, Aeroplan peon
Posts: 4,746
I think the previous poster was referring to BA denying a claim that they should know is valid. Passengers shouldn't have to litigate to receive what they are owed under law.
Jul 20, 2022, 12:25 am
#1904
Ambassador, British Airways Executive Club, easyJet and Ryanair
Join Date: Sep 2011
Location: UK/Las Vegas
Programs: BA Gold (GGL/CCR)
Posts: 15,924
IIRC it is Lipton v BA City Flyer - if BA try to defend your claim come back to me and I can provide some assistance in dealing with this issue in your reply to defence.
Jul 20, 2022, 1:22 am
#1905
Ambassador: Emirates Airlines
Join Date: Sep 2004
Location: Manchester, UK
Posts: 18,611
They claimed and received £350 each within a week. They also got £500 for missing a day of their holiday, plus a £800 voucher for use on future TUI holidays.
They ended up feeling sorry for TUI, and didn't even bother claiming for the extra taxi and meal costs
The £2700 has paid for their next holiday later this year!