BA blames flight cancellations on Covid-19 and refuses to pay compensation
May 13, 2022, 3:05 am
#106
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For the impacted passenger, if BA tries to act smart, the last recourse is always there.
Just refer the matter to Bott & Co. Solicitors; they'll take care of it and handle everything.
True they charge 1/3 of the gross compensation awarded but its a no win no fee service and you have a much easier struggle against BA and better chance of getting a compensation.
https://www.bottonline.co.uk/about-us
Just refer the matter to Bott & Co. Solicitors; they'll take care of it and handle everything.
True they charge 1/3 of the gross compensation awarded but its a no win no fee service and you have a much easier struggle against BA and better chance of getting a compensation.
https://www.bottonline.co.uk/about-us
May 13, 2022, 3:20 am
#107
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For the impacted passenger, if BA tries to act smart, the last recourse is always there.
Just refer the matter to Bott & Co. Solicitors; they'll take care of it and handle everything.
True they charge 1/3 of the gross compensation awarded but its a no win no fee service and you have a much easier struggle against BA and better chance of getting a compensation.
https://www.bottonline.co.uk/about-us
Just refer the matter to Bott & Co. Solicitors; they'll take care of it and handle everything.
True they charge 1/3 of the gross compensation awarded but its a no win no fee service and you have a much easier struggle against BA and better chance of getting a compensation.
https://www.bottonline.co.uk/about-us
Don’t waste your time or money (if they win).
May 13, 2022, 3:38 am
#108
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Sure, help and advice on this forum is great but, despite such help, BA and other airlines are consistently taking a stand to try as much as possible to deny genuine compensation claims. And in the process, loads of impacted passengers have dropped their claims. Not everyone is a legal expert or has the time, patience or courage to go through struggles, hassles and fights with the likes of BA, EK and Ryanair. In these cases, rather than just accepting defeat, 2/3 compensation is better than nothing. And in the process, a strong signal is sent to airlines.
May 13, 2022, 3:43 am
#109
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I am genuinely not sure how you think you would be getting anything of any real value if you are paying a total of £100-£200. It’s a legal sausage factory.
No not everyone is an expert. But we have experts here, comprehensive guides, and lots of advice if people raise specific issues.
No not everyone is an expert. But we have experts here, comprehensive guides, and lots of advice if people raise specific issues.
May 13, 2022, 4:00 am
#110
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My view is that BA now makes the process pretty easy and straightforward to make a claim - far better than they used to be.
Clearly if they refuse a claim then everyone has a choice about how they wish to proceed - some don't like to have these arguments or don't have time to do so - therefore they may choose to use a 3rd party.
For me, this board has been invaluable and it has given me enough knowledge, efficiency in my communication and bravery to do it myself. Others may have a different view and / or appetite for a disagreement with BA. I do know someone who would feel physically ill if they had to stand up to a large corporation.
Clearly if they refuse a claim then everyone has a choice about how they wish to proceed - some don't like to have these arguments or don't have time to do so - therefore they may choose to use a 3rd party.
For me, this board has been invaluable and it has given me enough knowledge, efficiency in my communication and bravery to do it myself. Others may have a different view and / or appetite for a disagreement with BA. I do know someone who would feel physically ill if they had to stand up to a large corporation.
Last edited by ThatT1Feeling; May 13, 2022 at 4:07 am
May 13, 2022, 4:15 am
#111
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Join Date: Apr 2018
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I am genuinely not sure how you think you would be getting anything of any real value if you are paying a total of £100-£200. It’s a legal sausage factory.
No not everyone is an expert. But we have experts here, comprehensive guides, and lots of advice if people raise specific issues.
No not everyone is an expert. But we have experts here, comprehensive guides, and lots of advice if people raise specific issues.
I get your point Karfa.
But let me respectfully cite a factual case I myself am witnessing from close range. My cousin's and his wife's BA flight LHR-LUX scheduled for 7.00 am over month ago got cancelled by BA only 3 hrs before departure. They were eventually rebooked on a different BA flight from London City more than 12 hrs later. In the process, the passengers had to incur considerable extra expenses (hotel in London, new taxis in London, and in Luxemburg etc.) and have, for more than a month, been struggling with BA to get any credible or definite response .
They were on the verge of giving up on the claimed compensation of Eur 500 (Eur 250 x2) when they came across a recent judgment dated March 2022: Bott & Co vs Ryanair which, in part, addresses airlines' responsibilities to resolve such matters amicably else the Courts will do justice. My cousin is now very confident to get about Eur 335 and has delegated it to a professional firm to fight his case. Surely, Eur 335 is better than zero compensation. BA has kept telling him that the flight cancellation was due to covid-19 and, hence, beyond their control.
May 13, 2022, 4:30 am
#112
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That's standard compensation due a cancellation and duty of care tbh. I don't see much need for citing case law unless there is some dispute over the cancellation reason itself and whether it amounts to extraordinary circumstances.
If BA are being difficult then go to CEDR and it should be a fairly straightforward argument -
BA cancelled my flight, BA rebooked me on a new flight the next day, BA did not book me a hotel so I did that myself and submitted the expenses, I am claiming for compensation under Art 5, and right to care under Art 9.
All of this is covered in the guide linked to in the sticky thread on the board.
Now where do I get my 33%?
If BA are being difficult then go to CEDR and it should be a fairly straightforward argument -
BA cancelled my flight, BA rebooked me on a new flight the next day, BA did not book me a hotel so I did that myself and submitted the expenses, I am claiming for compensation under Art 5, and right to care under Art 9.
All of this is covered in the guide linked to in the sticky thread on the board.
Now where do I get my 33%?
May 13, 2022, 4:45 am
#113
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I get your point Karfa.
But let me respectfully cite a factual case I myself am witnessing from close range. My cousin's and his wife's BA flight LHR-LUX scheduled for 7.00 am over month ago got cancelled by BA only 3 hrs before departure. They were eventually rebooked on a different BA flight from London City more than 12 hrs later. In the process, the passengers had to incur considerable extra expenses (hotel in London, new taxis in London, and in Luxemburg etc.) and have, for more than a month, been struggling with BA to get any credible or definite response .
They were on the verge of giving up on the claimed compensation of Eur 500 (Eur 250 x2) when they came across a recent judgment dated March 2022: Bott & Co vs Ryanair which, in part, addresses airlines' responsibilities to resolve such matters amicably else the Courts will do justice. My cousin is now very confident to get about Eur 335 and has delegated it to a professional firm to fight his case. Surely, Eur 335 is better than zero compensation. BA has kept telling him that the flight cancellation was due to covid-19 and, hence, beyond their control.
But let me respectfully cite a factual case I myself am witnessing from close range. My cousin's and his wife's BA flight LHR-LUX scheduled for 7.00 am over month ago got cancelled by BA only 3 hrs before departure. They were eventually rebooked on a different BA flight from London City more than 12 hrs later. In the process, the passengers had to incur considerable extra expenses (hotel in London, new taxis in London, and in Luxemburg etc.) and have, for more than a month, been struggling with BA to get any credible or definite response .
They were on the verge of giving up on the claimed compensation of Eur 500 (Eur 250 x2) when they came across a recent judgment dated March 2022: Bott & Co vs Ryanair which, in part, addresses airlines' responsibilities to resolve such matters amicably else the Courts will do justice. My cousin is now very confident to get about Eur 335 and has delegated it to a professional firm to fight his case. Surely, Eur 335 is better than zero compensation. BA has kept telling him that the flight cancellation was due to covid-19 and, hence, beyond their control.
As that judgment states "... Bott is a solicitors’ firm which specialises in consumer claims conducted on a “no win, no fee” basis. Bott began handling flight delay compensation claims in February 2013. Its business model is premised on processing a large volume of claims, the vast majority of which are expected to be settled by the relevant airlines without dispute..."
Where there is unlikely to be dispute in a claim, using the services of a claims handler is a waste of money given most airlines have a simple online process to follow (not unlike the one you have to complete when using Bott). If an airline rejects the claim then there is ADR there to help the disrupted traveller get their compensation, that too is an online process.
If there is an arguable defence to a claim for EC261 then by all means use a no-win-no-fee outfit, but if the claim is a straightforward one (as most will be) then it's just as easy to do it yourself - help or no help you still have to provide exactly the same information to an online portal.
If anyone would like to read the Supreme Court Judgment in Bott & Co Solicitors (Appellant) v Ryanair DAC (Respondent) ([2022] UKSC 8 On appeal from: [2019] EWCA Civ 143), you will find it here: https://www.supremecourt.uk/cases/do...4-judgment.pdf
May 13, 2022, 4:57 am
#114
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I agree with KARFA that there is such a depth of expertise and experience on here that there is no real need for 3rd party assistance. Those of us on here are more frequent travellers than most and frankly more confident about knowing our rights than most which in turn emboldens us to "have a go" ourselves and keeping 100% of the compensation. Indeed, I have done so now on a number of occasions and with a collection of airlines so that in the meantime I consider myself quite knowledgable on EU261.
However, I appreciate that some people consider their time more important and also have far less interest in the application of EU261 than we do, and Bott & Co has definitely been one of the leading practices in this space and in the further clarification of points of law beyond the initial EU261 draft.
One reason for using a legal practice to help might be in a case which is not so clear cut, when there is a risk of losing if the case is not properly managed and presented and having a reputable named legal representation would help. Though, funnily enough, those are the cases that often these 3rd parties refuse to accept. That's the difference between those offering professional services and those looking for easy money. Beware.
However, I appreciate that some people consider their time more important and also have far less interest in the application of EU261 than we do, and Bott & Co has definitely been one of the leading practices in this space and in the further clarification of points of law beyond the initial EU261 draft.
One reason for using a legal practice to help might be in a case which is not so clear cut, when there is a risk of losing if the case is not properly managed and presented and having a reputable named legal representation would help. Though, funnily enough, those are the cases that often these 3rd parties refuse to accept. That's the difference between those offering professional services and those looking for easy money. Beware.
May 13, 2022, 5:06 am
#115
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I have only used them after ba has rejected myninitial claim.
Their costs verses the costs of my time, it was in my opinion worth it.
Yes i got less money but writing letters contactibg cedr, researching etc all come at a cost, all be it not financial.
I appreciate those in the legal profession have different skills and experiences and those costs to them may be different.
this is also no guarantee that they will win every case
May 13, 2022, 5:11 am
#116
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I would also point out that MCOL is designed for 'Joe Public' to use - it is easy and straightforward and the fees are relatively low (and recoverable automatically if you win).
In my experience, having used MCOL several times, including BA on more than one occasion, I simply wouldn't bother with CEDR and just go straight to the MCOL option. In the case of BA it's never made it to court, they invariably settle a day before the hearing is due, and in the sole case I ended up going to court it was very informal, the case was heard by a judge who was really more interested in what a reasonable person would (or should !) do in a given circumstance and wasn't very interested in long-winded excuses.
I certainly see no reason to lose 1/3 of your (potential) payout doing something that, frankly, isn't very time-consuming and is very easy to do.
In my experience, having used MCOL several times, including BA on more than one occasion, I simply wouldn't bother with CEDR and just go straight to the MCOL option. In the case of BA it's never made it to court, they invariably settle a day before the hearing is due, and in the sole case I ended up going to court it was very informal, the case was heard by a judge who was really more interested in what a reasonable person would (or should !) do in a given circumstance and wasn't very interested in long-winded excuses.
I certainly see no reason to lose 1/3 of your (potential) payout doing something that, frankly, isn't very time-consuming and is very easy to do.
May 13, 2022, 9:11 am
#118
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I’ve just got this email from BA. This was the first response since I logged the case. It doesn’t mention they were wrong but I do hope it’s a good sign that their position has changed.
Thank you for your claim for EU compensation. We’re sorry that your BAXXX flight on 19 April 2022 to London didn’t depart as scheduled. We know your time is precious and we’re sorry that your travel plans were affected.
We’ve reviewed your application and we’re pleased to confirm that you’re entitled to compensation under EU Regulation 261. This has been calculated as €250 per customer. Please visit ba.com to find out more about the calculation.
We’ll transfer the total amount into your bank account within 14 business days. If you didn’t provide any details, we’ll send you a cheque in the post.
We trust this goes some way to make up for the inconvenience to your journey. If we can help in any other way, please contact us. We hope we can welcome you on board again soon.
British Airways
Thank you for your claim for EU compensation. We’re sorry that your BAXXX flight on 19 April 2022 to London didn’t depart as scheduled. We know your time is precious and we’re sorry that your travel plans were affected.
We’ve reviewed your application and we’re pleased to confirm that you’re entitled to compensation under EU Regulation 261. This has been calculated as €250 per customer. Please visit ba.com to find out more about the calculation.
We’ll transfer the total amount into your bank account within 14 business days. If you didn’t provide any details, we’ll send you a cheque in the post.
We trust this goes some way to make up for the inconvenience to your journey. If we can help in any other way, please contact us. We hope we can welcome you on board again soon.
British Airways
May 13, 2022, 9:49 am
#119
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Just got this too - flight originally on 23/4, I filed pretty much as soon as I got back on my rebooked flight that day, they initially shot down my claim on 27/4 (but agreed to pay taxi expenses to the airport). I've been quite busy so hadn't gotten around to contesting their response. Glad I won't have to!
May 13, 2022, 9:57 am
#120
Original Member
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Location: Northern England
Posts: 1,535
Just got this too - flight originally on 23/4, I filed pretty much as soon as I got back on my rebooked flight that day, they initially shot down my claim on 27/4 (but agreed to pay taxi expenses to the airport). I've been quite busy so hadn't gotten around to contesting their response. Glad I won't have to!