Malaysia Airlines - still no refund from cancelled flights last June

Harry55ty

My flights to/from New Zealand June 2020 were cancelled by Malaysia Airlines. I have been in their 'refund queue' since September (after quite a battle!).  I keep ringing to ask when I will get my money (they don't reply to emails).  What legal pressure can I bring to bear to get them to refund me?  Each time a ring they fob me off with 'you're still in the refund queue'.  I'm worried they will go bust before I get my refund.

bagand96

How did you pay?  Get in touch with your bank and see if they'll start a chargeback.  If it was a credit card you also have the option of a Section 75 claim.

eskbanker

If you paid them directly by credit card then you'll have section 75 protection so wouldn't lose out if they went under - you could claim under that just now but it isn't renowned for being a quick process.  Chargeback would have been an option for recovery too if you'd initiated it within 120 days but it's too late now, so the only other option would be court, for which you'd need to establish exactly which entity you booked through and the jurisdiction within which it operates.

Harry55ty

Thanks bagand96 and eskbanker.  Paid with debit card. Booked direct with their website.  I was thinking about small claims court but am unsure about jurisdiction as you say.     So I was hoping I could use a strongly worded letter or email , using key (legal) phrases, pointing out that they've had more than enough time 

eskbanker

Harry55ty said:

Thanks bagand96 and eskbanker.  Paid with debit card. Booked direct with their website.  I was thinking about small claims court but am unsure about jurisdiction as you say.     So I was hoping I could use a strongly worded letter or email , using key (legal) phrases, pointing out that they've had more than enough time 

I don't think that typical recipients of 'strongly-worded letters or emails' are particularly impressed with attempts to sound legalistic!  If you want to start down the legal route then you should establish a viable path through to the finish rather than bluffing, so if you're prepared to take it all the way and know which court you'd refer to, then the first port of call would be a formal Letter Before Action.

Having said that, there's no harm in pointing them towards Article 8 of EC 261/2004 (the EU legislation governing obligations under flight delays and cancellations), which mandates that post-cancellation reimbursement must be made within seven days, but obviously they're already well past that, as are most airlines during the current crisis.

Alan_Bowen

I am sorry to say I very much doubt you will get a refund, the airline is all but bust and has rejected an offer from the government as insufficient. They frankly have no money to pay refunds. I am not aware of anyone having received refunds from them so far, but happy to be corrected. I think the staff are clinging on by their fingertips, hoping for a miracle but I am not sure there is going to be one. Debit card chargebacks have a deadline of 120 days which even from June has probably passed, credit cards which have legal protection allow 6 years to claim. If you are within 120 days from the date of travel, bang in a claim to your bank today, if you are outside the time limit, wait for the miracle