'British Airways & Virgin Reclaiming?' Blog discussion 2 August 2007 at 12:24PM edited 30 November -1 at 1:00AM in Martin's Blogs & Appearances & MoneySavingExpert in the News 50 replies 13.7K views

Former_MSE_Lawrence

This is the discussion link on the back of Martin's British Airways & Virgin Reclaiming? Can you get its fuel duty surcharge back?' blog. Please read the blog first, as the discussion follows it.

Read Martin's 'British Airways & Virgin Reclaiming? Can you get its fuel duty surcharge back?' Blog

poka79

Is this (application for refund) applicable for UK-US flights or applicable for flights by Virgn/BA all overthe world?

Thriftylad

Could UK citizens not join the class action in the US courts where I believe that you can also claim punitive damages?
Does anyone have the details of the law companies in the US who are pursuing such class actions?

Chaufeurse1956

Hmmmmm, interesting one as I booked flights for 5 of us in December of 2004 with BA from Newcastle to London and then Virgin from London to JFK. Problem is I would have no idea of working out what the fuel charges would have been as almost 3 years down the line I no longer have the E-tickets on my computer. I can see the amount that was paid by my credit card statement but how would I go about discovering what was the fare and what was the taxes?

Will watch this forum with interest as I am sure somebody will be advising on this.

Regards,

Christine

Starfish

I worked out how much the fuel surcharges on my last Virgin flights were from the article below. I still have the paper e-ticket receipt back in 2005 but it doesn't show how much they were as the fuel surcharge was incorporated into XT (extra taxes) - only GB, UB and XT codes are shown on my receipt.
The fuel surcharge nowadays is usually shown under a separate code; YQ.

From This is London

CONSPIRACY TO COLLUDE:
How and when British Airways and Virgin 'fixed' their prices.
May 2004: British Airways and Virgin Atlantic introduce long-haul passenger fuel surcharges of £2.50 per flight.. This is NOT (repeat NOT) alleged to be the subject of 'collusive contacts.'
FIRST INCREASE Friday August 6 2004: BA and Virgin exchange information about putting up passenger fuel surcharge. Monday August 9: BA and Virgin announce increase in fuel surcharge to £6 (from Aug 11).
SECOND INCREASE October 2004: 'Unsuccessful attempt by Virgin to contact BA regarding the increase. October 8 2004: BA increases fuel duty to £10. Virgin does the same on the same day.
THIRD INCREASE March 21 2005: In two sets of calls BA and Virgin exchange information about proposed fuel surcharge increases. BA tells Virgin it intends to increase it to £16. Virgin confirms to BA the timing and amount of the increase it is going to announce.
Later that day: Virgin announces an increase in fuel duty to £16 (with effect from March 24). March 22: BA announces increase to £16 (with effect from March 28).
FOURTH INCREASE Thursday June 23 2005: BA tells Virgin it will announce next day an increase to £24. Friday June 24: BA announces an increase to £24 (with effect from June 27) Later the same day Virgin announces identical increase to £24 Virgin sends BA an e-mail shortly before its (Virgin's) announcement. BA replies early next morning.
FIFTH INCREASE September 5, 2005 Virgin tells BA in a telephone call that it is 'on this occasion' to be 'first' to announce an increase 'specifically to £30.' September 6, 2005: Virgin announces increase to £30 (with effect from September 7) September 8: BA announces increase in passenger fuel surcharge to £30
VIRGIN REDUCTION November 18, 2005: Virgin tells BA it is about to announce a reduction in fuel duty to £25. Shortly afterwards Virgin announces its reduction to £25 After the announcement Virgin again contacts BA.
VIRGIN INCREASE January 6, 2006: Virgin tells BA it intends to increase its fuel surcharge to £30> Later the same day it raises the surcharge to £30 'as it had forewarned.' BA did not adjust its own level of surcharge in response.

Absoluutbeginner

Do we actually have to work out the amount due to us, or will they be honest and refund us the correct amounts? Oh sorry, did I say "honest"?

Oh, and I paid for tickets for my 2 daughters as birthday presents, will this count do you think? It will be on my credit card statements.

jennynoo

I bought tickets for flights with BA through Expedia and on the receipt it clumps taxes and fees together so I don't know what the surcharge is. Does anyone know how to find out?

clarab_3

Curses! I take so many flights because I work far from home - I dont keep the reciepts - I get etickets and they are recorded on my customer loyalty schee - should they be able to tell me?

I guess I took 70+ flights with BA in 2004 alone.

leighv

For how many years can we reclaim????

danthemoneysavingman

I wonder if anyone thinks that, as the fine has been paid regarding this to the government (??), then surely any claims should be from that fund - otherwise, where has this money gone? I would have thought every one would want to know that - this government siphons off so much money & it disappears into a black hole. Anyone have any info on this angle?

smacp1

danthemoneysavingman wrote: »

I wonder if anyone thinks that, as the fine has been paid regarding this to the government (??), then surely any claims should be from that fund - otherwise, where has this money gone? I would have thought every one would want to know that - this government siphons off so much money & it disappears into a black hole. Anyone have any info on this angle?

Well, as my 1st post, I'd thought I would respond to the Virgin/BA price fixing debate. Let's just say I have a professional interest in Competition Law....

Firstly, in respect to the above, fines are levied by the OFT and are used by the OFT themselves to fund its operations and investigations. It is self funding by the fines imposed. Fines do not go to the 'government' itself.


Secondly, damages claims can be brought by consumers, other third parties (and by consumer groups (such as Which?) on behalf of named consumers against businesses) that breach competition law.


The following link gives the authority for these rights, which are contained in S47A and S47B of the Competition Act 1998, as amended by the Enterprise Act 2002 (s.16 and s.17, I think):

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/competition-act-1998/consequences

More details in the Enterprise Act 2002, below:

http://www.opsi.gov.uk/acts/acts2002/20040--c.htm#16

So, a claim can, in principle, be brought against infringer's of competition law if they have been found to infringe by the OFT (as BA/Virgin clearly have).


Any claims have to be brought, as far as I am aware, through the Competition Appeals Tribunal ("CAT") (see its own website). I am not clear whether claims can be made on the CAT's behalf through the small claims track of the County Court ('small claims court') or not - perhaps others can enquire on my behalf?:D


Of course, if Which? bring a class action, people could join that instead!


Smacp1