S_W_S

Thank you, mine was FCRY, so I'd expected a fast turnaround as it should be open and shut.

ianjr

Just had my EU Claim for BA455 on 10th July rejected for 'operational reasons'.
Would anyone who has access to the app that gives the reasons be able to shed any light on this?
Many thanks

corporate-wage-slave

We can only see dispatch codes for 2 or 3 days after the flight. I would imagine you have some idea as to the delay, but it's not actually for you to prove the reasons, it's BA's job to do that. So just follow the usual advice to get confirmation that they won't change their reply and go MCOL/CEDR according to your circumstances.

adfg

Thanks. I went to MCOL having used it before so will see what happens and will report back.

sayling

I've just started the MCOL approach, using the Money Claims Service for sums less than £10,000 - but there was no mention of any requirement for sending an LBA... I'm now getting worried...

corporate-wage-slave

Letter before action is a recommendation in the process, not a requirement. As far as I can tell, BA 100% ignores LBAs unless there are a few million involved, and I've not see a Defence from BA where this factor was raised. A judge may well ask about this, particularly if somehow it was heading to a default judgement. But the counter argument is that generally by the stage MCOL starts people will have been in dialogue with BA for weeks if not months, whereas a lot of MCOLs are for things like unpaid rent, parking fees or council tax, where there may have only been a fairly limited, possibly zero, engagement before MCOL.

DocS

A quick question - looked at the nearest court tool for MCOL (in case ended up being defended by BA) and directed to Scottish Courts and Tribunals website. Can MCOL be used outside England & Wales or does local jurisdiction apply for Scotland (or NI)? Seems to direct to ‘simple procedure’ (see https://www.scotcourts.gov.uk/taking...mple-procedure) for those of us north of the border.

corporate-wage-slave

If you are based in Scotland then you should use the Scottish procedure, which is structurely quite different but in terms of process is nearly the same. BA may argue that it should be handled under the English system but that won't cut any ice.

Jon MilnerMatthews

I’ve just had my claim for the 3+ hour delay to BA192 on 19 July approved with €300 as the delay was less than four hours. BA are converting this to £253.45 (which is slightly under the spot rate but not unreasonably so).

This may be a very simple question, but considering the fact that these claims are now subject to the Air Passenger Rights and Air Travel Organiser’s Licensing (Amendment) (EU Exit) Regulations 2019 and not EU261/2004 itself, why is compensation being offered in euros when UK law specifies the amounts in Sterling?

Using the Sterling amount for a flight of greater than 3,500 km (£520) reduced by 50% as the delay was less than four hours, the compensation amount should be £260, not £253.45. I’m not quibbling over £6.55, but I don’t quite get why BA are still using the EU legislation when it no longer applies to them (whilst IAG may be based in Spain, as the carrier, BA is UK-flagged and subject to UK law).

corporate-wage-slave

Have a read upthread. BA is paying the Euro amount as a default but will pay the UK provision when challenged. In some circumstances the Euro amount may be correct, but mostly the UK amount would be due.

KARFA

Because they are not following the law. The amounts are clearly set out in the UK legislation which implements EC261 in to domestic law, and they should be paying the correct GBP levels. It should be £220/£350/£520 based on the amending SI to the UK261, this came in to force on exit day:

https://www.legislation.gov.uk/uksi/...ulation/8/made

Jon MilnerMatthews

Thanks CWS, it was more a question of why BA are still defaulting to (and specifically referencing) law that no longer applies. A somewhat philosophical question really as I simply cannot see any benefit to them.

decowie1903

A question: I submitted duty of care and EU261 claims for the DUS strike and subsequent feb IT meltdown. I received claim numbers & despite trying to contact BA on twitter and through the gold line, I have received no updates / information on progress nor compensation.

I suspect BA are just hoping that I don't pursue it (which must be the case in a fair proportion of these types of cases)

What's the best way to go about pursuing this? CEDR? Or mcol?

I have a word document with everything mapped out with ticket numbers, comms from BA and timelines etc.

I have never done this before, so would appreciate any advice on which route to take.

Thanks

steveholt

As a sign of how backlogged (or incompetent) BA are, my timeline:

- Filed a claim on 6/30
- Received "We haven't forgotten about your claim" on 7/11
- Received e-mail saying I was owed 400 EUR under EU 261 on 7/15
- Another "We'll get back to you, sorry it's taken so long for us to contact you" message on 7/17
- Money hit my bank account on 7/24
- Received a further "Thank you for bearing with us" message on 7/31
- One final "Sorry you're still waiting, we look forward to talking to you soon" message on 8/7

These are all for the same claim number.

corporate-wage-slave

CEDR wil give you better tracking, but not necessarily a faster result. MCOLwill be typically faster but is more work and requires you to pay court costs upfront which you would recover from BA.