Small claims for travel refunds for cancelled flights (Air France)?

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Lots and lots of airlines seem to be using travelers as short-term unsecured creditors - despite the law saying they need to give a full refund if the airlines cancels the flight.
I'm going through the charge back route with Barclays - not expecting much - at least not quickly.  My son has £2000 of flights booked with Air France and they're only offering a credit - which quite frankly is not on.  He'll never be able to use them - he's a student with limited flight timings, and from what i've read, all flights will be way more expensive when they come back online - assuming the airlines are even still in business.

So - second salvo may well be to go to Small Claims court - has anyone tried this or does anyone have the legal background to know if this is a non-starter option?\

Comments

  • Alan_Bowen
    Alan_Bowen Posts: 4,850 Forumite
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    I would certainly stick with a card chargeback at this stage. Yes, you can take AF to court and it is relatively simple to start proceedings online but if they defend the case, you could be waiting a long time. Last year before most courts closed down, the average wait for a small claims hearing was 39 weeks. At the moment these are not being dealt with at all so you could be looking at a year before getting a result.
    AF has just had a bailout from the French government so they may, and I emphasise may become a little more generous in the near future. The EU has made it clear that although airlines can offer credit notes they must always offer a refund as an alternative, most, however, appear to be completely ignoring the advice
  • Life__Goes__On
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    Just checking it's a debit card not credit card.
    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • aris
    aris Posts: 339 Forumite
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    edited 30 April 2020 at 12:38PM
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    Debit card - but Barclays do chargeback requests on debit card transactions
    We just got the reference number from Barclays for the claim - it'll take time.  I'm not holding much hope - but have nothing to lose to get the ball rolling.  I would not do Small Claims until later when I knew more. 
    Basically:
    Plan A :  Get refund from Air France
    Plan B : Chargeback
    Plan C : Small Claims
    Plan D :  Wait for 12 months, and hope they are still in business and get the refund which they have promised in lieu of an unused voucher.




  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
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    "
    aris said:
    Debit card - but Barclays do chargeback requests on debit card transactions
    We just got the reference number from Barclays for the claim - it'll take time.  I'm not holding much hope - but have nothing to lose to get the ball rolling.  I would not do Small Claims until later when I knew more. 
    Basically:
    Plan A :  Get refund from Air France
    Plan B : Chargeback
    Plan C : Small Claims
    Plan D :  Wait for 12 months, and hope they are still in business and get the refund which they have promised in lieu of an unused voucher.




    Sounds like a good plan,
    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • spiro
    spiro Posts: 6,403 Forumite
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    I've seen a post on here that the French government has changed the rules about refunds, can't remember all the details but the usual refund period does not apply.
    IT Consultant in the utilities industry specialising in the retail electricity market.

    4 Credit Card and 1 Loan PPI claims settled for £26k, 1 rejected (Opus).
  • aris
    aris Posts: 339 Forumite
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    spiro said:
    I've seen a post on here that the French government has changed the rules about refunds, can't remember all the details but the usual refund period does not apply.

    Ok, but I live in the UK - paid a UK entity in GBP - and as much as the French government may want to flaunt EU law - they really can't do so.  It just goes so show what a mockery the EU really is.  When it comes down to it - it is everyone for themselves. 
  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
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    spiro said:
    I've seen a post on here that the French government has changed the rules about refunds, can't remember all the details but the usual refund period does not apply.
    Rules will be under English law, if paid via a card
    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

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