Flight delay and cancellation compensation, BA ONLY

pineapple123

pineapple123 wrote: »

After sending template letter to BA back in June complaining of delayed departure of nearly 4 hours I recieved an email 5th July saying they have given me a case id and would be in touch as soon as possible however I have heard nothing even no response to the 3 emails I've sent.. any suggestions please.

Thanks to above poster now I see why they are dragging there heels, well Im not going to give up just yet, just need some direction how to proceed.

.
Still no correspondence so letter now winging its way to them.

David_e

pineapple123 wrote: »

Still no correspondence so letter now winging its way to them.

Do you mean an NBA letter? That would make sense as routine correspondence is unlikely to succeed in progressing your claim.

sharon1953

As BA have told me that I have to wait for the Jet2 appeal outcome before they will make a decision, I opened a case with the CAA and got in touch with Bott & Co. They told me I had a case and would be happy to take it on, but they also said that BA are entitled to wait for the "extraordinary" circumstances outcome if the delay was due to anything that might come under that heading (which unfortunately it might). I didn't see the point of potentially loosing 27% of the settlement at this point so waiting for CAA, who are also working on this now and see what happens. If the court case if favourable great, if not I will get back to Bott & Co who are keeping all my details on file and see what they can do. At the mo it just seems to be a waiting game.

David_e

sharon1953 wrote: »

I opened a case with the CAA ... so waiting for CAA, who are also working on this now and see what happens.

Not sure if you have read the numerous comments about the CAA but they have no legal authority over airlines so if they "rule" against you, the airline will use that if you then go to court, if the "rule" for you, the airline will ignore it.

If you aren't facing a deadline for bringing a claim, you can afford to wait for the pending appeals to be heard. (That is subject to any time limits no win no fee firms may elect to apply in deciding whch cases to take on.)

TrevorSmith

there is absolutely no point in asking the CAA. BA will deal with you if and only if you make a court claim. Up until then you are wasting your time

klennon12

Thought I'd give an update on my situation, similar to what others are saying on here with regards having to await a verdict on this case. Is there a date when this may happen?

Here's what I had from BA:

Thank you for contacting us regarding EU Compensation for your flight BA2595 on 15 July 2014. I would like to apologise for the delay in replying to you.


Your flight was delayed in arriving by 1546 minutes due to technical reasons.


In accordance with Regulation 261/2004, compensation is payable in some instances for delays in arrival of 3 hours or more. However, compensation is not payable if the delay is due to ‘extraordinary circumstances’.


There are examples of what can constitute “extraordinary circumstances” set out in the Regulation 261/2004, including technical issues. In the regulation technical issues are referred to as “unexpected flight safety shortcomings”. The reason for the delay to your flight was a technical issue of this nature, and therefore, compensation would not be payable in accordance with the regulation.


The issue of what constitutes a technical fault amounting to an ‘extraordinary circumstance’ was recently considered by the Court of Appeal in the case of Huzar v Jet2.com. However, this is being appealed to the Supreme Court. In the circumstances, we are postponing consideration of your claim for compensation until the Supreme Court has issued its decision.


Once the decision is issued, please contact us with your case reference so that the circumstances of your delayed flight can be reviewed in light of the Supreme Court decision.

Thank you once again for contacting us. I do understand that this is not the answer you were hoping for and I’m sorry to disappoint you on this occasion.

David_e

klennon12 wrote: »

Is there a date when this may happen?

I belive the Huzar thread covers this in some depth.

JPears

Bumped for noobs and those too lazy to read the sticky at the top or scroll down half a page...

sharon1953

klennon12 wrote: »

Thought I'd give an update on my situation, similar to what others are saying on here with regards having to await a verdict on this case. Is there a date when this may happen?

Here's what I had from BA:

Thank you for contacting us regarding EU Compensation for your flight BA2595 on 15 July 2014. I would like to apologise for the delay in replying to you.


Your flight was delayed in arriving by 1546 minutes due to technical reasons.


In accordance with Regulation 261/2004, compensation is payable in some instances for delays in arrival of 3 hours or more. However, compensation is not payable if the delay is due to ‘extraordinary circumstances’.


There are examples of what can constitute “extraordinary circumstances” set out in the Regulation 261/2004, including technical issues. In the regulation technical issues are referred to as “unexpected flight safety shortcomings”. The reason for the delay to your flight was a technical issue of this nature, and therefore, compensation would not be payable in accordance with the regulation.


The issue of what constitutes a technical fault amounting to an ‘extraordinary circumstance’ was recently considered by the Court of Appeal in the case of Huzar v Jet2.com. However, this is being appealed to the Supreme Court. In the circumstances, we are postponing consideration of your claim for compensation until the Supreme Court has issued its decision.


Once the decision is issued, please contact us with your case reference so that the circumstances of your delayed flight can be reviewed in light of the Supreme Court decision.

Thank you once again for contacting us. I do understand that this is not the answer you were hoping for and I’m sorry to disappoint you on this occasion.

Got the exact same letter 3 times now, think I will now hand this over to a NWNF company even though I have time to wait as the delay was only in June 2014 but I want to get them were it hurts!

ash_park

Hi there, really hoping someone can help me. I filed a compensation claim (using MSE's templates & Guidelines) for a flight from New York JFK to Glasgow, with a change at London. The NY flight was delayed, causing me to miss the connecting BA flight and arrive home in Glasgow some 5 hours later than planned. I had kept a log of this flight for the complaint. However BA got back to me today with flight times, claiming my delay was only 171 minutes (instead of the 180 minutes needed to qualify for compensation) This is both a ridiculous lie, and also a strangely convenient amount of time for themselves. I can't find an actual flight record of times to back any argument up, so fear i may miss out on the compensation i'm rightfully owed by undercutting me by 9 minutes. really gutted, please help.