Jpm81

An update on this - thanks for the link to CEDR case recommended here.

https://www.flyertalk.com/forum/34767261-post2771.html

Received this from CEDR today:

Guess i will find out in the next 15 days if I will get something out of this...

TangoOneSeven

I got this reply today for both my July and October claims (both had passed the initial response date by a few days): Dear Passenger

We wish to advise you that your application for CEDR’s Aviation Adjudication Scheme is valid and can progress to the next stage of the process.

However, due to an influx of cases at British Airways, there will be a delay in our office sending these over for a response. Rest assured that the case will have a final decision submitted within 90 calendar days.

We apologize for any inconvenience this has caused you.

Kind regards

CEDR

Jpm81

I had received similar response on Dec 12th and then got the update today posed above.

corporate-wage-slave

I probably mentioned it in last year's thread, but the number of BA cases handled by CEDR has more than doubled, nearly tripled in the last 12 months. And 78% of cases are now being found in the passenger's favour, which is a great deal higher than it used to be. It's not a good place to be, since we can hardly complain about delays at BA if CEDR is even worse. MCOL cases - in terms of court hearings rather than the pre-work paperwork - is also typically 1 year at the moment.

presence.unknown

Still waiting on Duty of Care expenses and a separate EC261 claim from earlier in December

DYKWIA

10 hours

Surely it wouldn't have been safe to depart if you'd got the go-ahead after 9.5 hours?

Did you have the option of getting off before the 10 hour mark?

Monium

Indeed. The ultimate reason we didn’t fly was the crew ran out of hours (and it definitely wouldn’t have been safe). They’d been trying to work out if they could get us somewhere (anywhere!) closer to home but no dice.

Nope. It was during the general chaos due to weather at YVR, and we were being refuelled then de-iced (and waiting for each of these due to lack of equipment at YVR, hence such a long delay).

DocS

In the process of starting a CEDR claim for a refused EC261 from summer - one of BA's main defences is that delays in MAD check in were out of their control. Is there any way to check if other flights leaving MAD the same day/time were similarly delayed or whether they left on time? My view is that the issue was entirely with lack of BA check in desks/agents as no other check in zone was in the same chaotic state when we arrived...

Thanks in advance for any guidance (flight was BA459 5th July 2022 due to depart 1210 - just in case)

corporate-wage-slave

What you have said there should be good enough, it's for BA to prove its claim, the onus is not on you.

DocS

Perfect - will do so - thanks

TonyHancock

Today British Airways denied my EU261 claim for BA16 departing Sydney on the 12th December 2022. It actually departed 15 hours late, on the 13th Dec, due to the late inbound flight - BA15.

BA15 should have departed LHR at 21:35 on the 10 Dec but did not leave until the morning of the 11th December.

BA's reason for denial is "bad weather conditions". I didn't think the bad weather hit LHR until the 11th Dec, plus the crew of BA16 suggested mechanical issues for the inbound flight delay. Is there any way to track historical activity at LHR on the 10th December to find out if weather caused any issues? I have asked in a separate thread about the reason for delay and the suggestion has been mechanical issues.

I have rebutted querying "bad weather".

corporate-wage-slave

Generally speaking there is little point in having a dialogue with BA on this, there are only a few cases where they have changed their minds after an initial decision, 99% their answer won't change and you best go off to CEDR or MCOL. It's also not your job to prove or disprove weather - if the flight deck briefing said it was mechanical, then that's what you stay with.
https://www.flyertalk.com/forum/brit...3-edition.html

The wider issue here is that "knock-on" effects are not allowed for weather related incidents, but you have to drill into the detail on what is the knock-on. The original CJEU case related to an airline that claimed a hurricane caused a delay, and it turned out the hurricane was on the unrelated previous service so the aircraft got stuck. So BA in this case will (a) need to demonstrate it relates to your service quite directly and (b) it exhausted all reasonable alternative options. If you asked to be rebooked on other airlines and were rebuffed then "LE versus TAP" applies, see last year's thread.

Flying Star

Hi - I submitted a claim back end of September for a cancelled flight. Initially I kept getting the standard response we're on the case and we'll be in touch. Last being middle of October. Since then, absolutely nothing. The link only takes me to update the case, but is there a way to check the progress? Apologies if I missed it in the Wiki somewhere. Thank you

corporate-wage-slave

If you mean you lodged the claim with BA, then no, there is no tracking or logging, and as you can see from the last year's thread, experiences did vary from days to months for resolutions. The short and uncontroversial claims appear to be processed before others. There is no way to expedite it, however (a) you can use MCOL if you think the case is overwhelming, there are some court imposted timelines there and (b) you can also go to CEDR after 8 weeks. As noted above CEDR in turn has a 3 month processing delay.

Flying Star

Thank you - that is helpful. I am guessing neither would be an option if you reside outside of the UK. Just curious as to why a number of emails initially, to nothing at all for the last 3 months. I am a little worried that an action or response is needed from my end, hence the question if it was somewhere to check.