flygod

Hi,

Tidying up various things.

At the start of the pandemic, two hours after BA issued Covid 19 Customer Guidelines (update 6), I rebooked my partner ono the last BA flight from Denver to London.

The agent hadn't heard about the changes and insisted on charged 300 euros, and so there was no alternative but to accept and pay.

After on-off attempts to communicate with BA, I sent a letter before action on 13th February this year. I have had no reply.

Should I MCOL or CEDR this?

Many thanks.

flarmip

Unsure whether this is even 'in scope' for CEDR, but surely you also have the option of making a section 75 claim if you used a credit card to pay the fee?

corporate-wage-slave

If you are 101% sure of your case, then MCOL will be fastest. BA don't respond to LBAs, they just get too many to take it seriously, but you do need to do an LBA or the courts may take a dim view of your efforts. But once you launch the main MCOL process that changes since there is a court timetable which has to be followed or a default judgement is made against BA. Consequently BA will have to respond within the timescales and that's the advantage of MCOL. BA may initially say that they will contest the case but that's just a way to buy more time. Often BA will settle just before the timetable runs out, but we're looking at 4 to 6 weeks from end to end. But if BA reckons you are incorrect and therefore is inclined to dispute the bill then this needs a hearing date and these are at least 6 months off. Hence my comment about being 101% sure - if you are then payment is going to happen before 6 weeks.

CEDR is much slower, but much easier to do, there is no risk of a hearing, it's all done online, and there are no court documents and fees to wade through. It could easily take 3 or 4 months but there is no cost to you.

It will be in scope for CEDR if you can argue that the airline is treating you unfairly.

Confus

Only if the card used is covered by the UK Consumer Credit Act. Given the OP was buying a flight from Denver and paying in euros, this may or may not be likely.

guv1976

Since this involved a flight departing from the U.S., I would file a consumer complaint with the U.S. Department of Transportation. DOT will forward the complaint to someone at BA with authority to do something. And BA is required to acknowledge the complaint within thirty days of receiving it from the DOT, and respond substantively to the complaint within sixty days. (However, it might take DOT some time to actually forward the complaint to BA.)

Link to DOT complaint form here:

https://www.transportation.gov/airco...plaint-process

flygod

Thanks all. Looks like CEDR is the best - I have print outs of the BA revisions and timed email receipts and credit card payments.

Was the return half of a Paris-LHR-DEN in CW.

We actually live in Scotland - is it still MCOL or would it be Scottish courts?

corporate-wage-slave

I imagine BA wouldn't mind if you went the English MCOL route, but in reality you should use the Scottish small claims channel via your Sheriff's Court, which is quite similar but not as badly backlogged as the English courts.

guv1976

Regardless of whether you opt to bring a lawsuit (assuming that it is not barred by any statute of limitations since you indicated that this took place three years ago), I see no downside to also filing a complaint with the U.S. DOT -- especially since you seem to have very good documentation that you could upload to your complaint, which in turn would get forwarded by the DOT to a competent person at BA.

Airlines tend to take DOT complaints very seriously. I filed one several years ago against IB, when IB improperly charged me $18.00 in U.S. Passenger Facility Charges (PFCs) on a zero-fare (no-carrier-surcharge) Iberia Plus award ticket for wholly domestic (U.S.) travel on AA. I was very pleased with the outcome of my DOT complaint:

Iberia agrees to refund improperly-collected PFCs on certain redemption tickets.

flygod

Thanks Guv, but I have decided to go with the home courts _ I have waited long enough (although one has 6 years, if necessary!) and I have some experience sitting in a Small Claims Court in Scotland with a pal and the sheriffs seem really straightforward and sensible.

So here's hoping for a home run ;-)

guv1976

Good luck! Just wanted to make sure you realized that it's not an either/or situation.