BA not refunding out-of-pocket expenses for easyJet flight following cancellation of BA flight

JC1972

Received a reply from BA to my email from 3 May essentially just repeating themselves.  No indication when the payment will be made (claims to have happen, longest bank transfer in history?).  No breakdown for how expenses were calculated (ignoring question).  Claims that they don't need to refund the cost of the alternative flight despite first alternative return flight to the UK with BA being a week later.  Also BA hasn't refunded the flight that they cancelled.  So they are in a position where I've paid twice to get back to the UK but BA doesn't think they need to refund me anything.  Simon Calder / CAA has a different view on whether airlines should refund alternative flights when the original carrier is unable to provide carriage.

https://www.independent.co.uk/travel/news-and-advice/flight-cancelled-refund-compensation-b2056253.html

Will be interesting to hear what the Small Claims Court makes of this...

fromdusktilldawn

JC1972 said:

Received a reply from BA to my email from 3 May essentially just repeating themselves.  No indication when the payment will be made (claims to have happen, longest bank transfer in history?).  No breakdown for how expenses were calculated (ignoring question).  Claims that they don't need to refund the cost of the alternative flight despite first alternative return flight to the UK with BA being a week later.  Also BA hasn't refunded the flight that they cancelled.  So they are in a position where I've paid twice to get back to the UK but BA doesn't think they need to refund me anything.  Simon Calder / CAA has a different view on whether airlines should refund alternative flights when the original carrier is unable to provide carriage.

https://www.independent.co.uk/travel/news-and-advice/flight-cancelled-refund-compensation-b2056253.html

Will be interesting to hear what the Small Claims Court makes of this...

Following your post since I made a very similar claim (hotel + flight + meals + parking + compensation) almost 2 months ago and I havent even had a response beyond an acknowledgement. I will give them till the end of the month and then write to their main office.

JPears

JC1972 said:

Received a reply from BA to my email from 3 May essentially just repeating themselves.  No indication when the payment will be made (claims to have happen, longest bank transfer in history?).  No breakdown for how expenses were calculated (ignoring question).  Claims that they don't need to refund the cost of the alternative flight despite first alternative return flight to the UK with BA being a week later.  Also BA hasn't refunded the flight that they cancelled.  So they are in a position where I've paid twice to get back to the UK but BA doesn't think they need to refund me anything.  Simon Calder / CAA has a different view on whether airlines should refund alternative flights when the original carrier is unable to provide carriage.

https://www.independent.co.uk/travel/news-and-advice/flight-cancelled-refund-compensation-b2056253.html

Will be interesting to hear what the Small Claims Court makes of this...

Simon Calder's view is as I and most veterans on this forum would interpret the regulations.

fromdusktilldawn

fromdusktilldawn said:

JC1972 said:

Received a reply from BA to my email from 3 May essentially just repeating themselves.  No indication when the payment will be made (claims to have happen, longest bank transfer in history?).  No breakdown for how expenses were calculated (ignoring question).  Claims that they don't need to refund the cost of the alternative flight despite first alternative return flight to the UK with BA being a week later.  Also BA hasn't refunded the flight that they cancelled.  So they are in a position where I've paid twice to get back to the UK but BA doesn't think they need to refund me anything.  Simon Calder / CAA has a different view on whether airlines should refund alternative flights when the original carrier is unable to provide carriage.

https://www.independent.co.uk/travel/news-and-advice/flight-cancelled-refund-compensation-b2056253.html

Will be interesting to hear what the Small Claims Court makes of this...

Following your post since I made a very similar claim (hotel + flight + meals + parking + compensation) almost 2 months ago and I havent even had a response beyond an acknowledgement. I will give them till the end of the month and then write to their main office.

Still nothing from BA so I have written to the head office giving them 14 days to respond before I submit a small claim. 

JC1972

Update for anyone interested.  Submitted SCC claim on 23 May.  Received a reply from BA saying they would be contesting the claim, and then subsequently asking for a further 14 days to respond.

I notice today that my bank account has now received the out-of-pocket expenses agreed by BA on 3 May 2022 AND the cost of the flights that BA had categorically said that it would not pay.  So after a lot of time & hassle I've got my money back from BA.  Begs the question why BA has to treat its customers in this way when it is going to pay out b/c it knows it has to.  Heel-dragging is a really good way to alienate a customer base.

So anyone in a similar situation to me, the answer seems to be the SCC is the only way to get an acceptable resolution.

JC1972

This is BA's reply to my SCC claim.  For anyone interested, this is what denying a claim while simultaneously paying out all of a claim (including the court fee) looks like.

What a massive waste of everyone's time.

Funny to read BA's lawyers claim 8% interest is excessive.  It is the standard rate that the SCC suggests.

JPears

Hi JC1972. Well done.  I am in the same boat as you were - see BA thread.

I'm wondering wether to go CEDR route or straight to SCC.

Interesting "claim" in paragraph 5.  Not a claim for debt or damages. If it were a claim for comepnsation only this would be true.

But you are claiming for the costs of alternative flights, hotels, etc. These are definitely debts owed to you, by BA.

Obviousley a cut and paste defence by some legal numpty.

fromdusktilldawn

Update from my letter before action which got no response. I proceeded to issue a small claim at a cost of 70 pounds. BA requested more time to defend. They then paid the full amount + 70 claim fee one day before the deadline. No Interest but I consider this a satisfactory conclusion and closed the claim. 

JPears

Looks like this is the way to go to get BA to do something.

I dread to think how many people have missed out on whats due to them.