Aviation ADR ruled in my favour but KLm would not pay up

Boudouche1

Hi

I would be grateful for any advice on the next steps I can take in my long-term tussle with KLM over the payment of compensation ordered by the Aviation ADR determination.

I made a claim to the Aviation ADR on behalf of my father, who was held up for 15 hours in the airport by KLM. ADR ordered KLM to pay compensation on 6 October 2022, but I am yet to receive the payment from the airline.

I provided by bank account details on 14 October 2022 and received a note from Aviation ADR dashboard that the airline made a payment. I have been checking my account and waiting for this payment for a month, and on 14 November 2022 wrote an email to Aviation ADR confirming that the payment was NOT received.

I contacted Aviation ADR again on 6 February 2023 but received a message about having a duplicate case. I sent a recorded letter to the Aviation ADR’s office in Milton Keynes on 11 March 2023, but received no reply.

On 11 March 2023 I also sent a recorded letter to the KLM’s Head Office in the Netherlands asking to complete this payment, and attached the ADR determination letter ordering KLM to pay. I received an email from KLM on 1 April 2023 literally citing (copy + paste) the airline decision from 2 February 2022 not to pay compensation, despite the later ADR resolution ordering KLM to pay.

I have read on the MSE Forums that there is an escalation team at Aviation ADR, but I do not know how to contact them. Alternatively, I was also thinking about taking this matter to the small claims court, but do not know where to start. Is there a template for the small claims court letter or an explanation of the process? I have never used this pathway, but I am determined to get this compensation paid by the airline.

Regards

DullGreyGuy

Which legal jurisdiction applied to your contract? Where is the legal entity domiciled? Normally the county court process is fairly straight forward, you have to send the other party a final demand notifying that you'll take them to court etc if they dont settle in X days (X has to be a realistic timeframe) and that you'll hold them liable for the court fees. If they fail to settle you then use money claim online (or the scotish equiv) and file your case.

MCOL however can only be used if the case is being brought under English Law and the defendant has a UK address. If there is no UK address then you are into downloading templates and having to print them and submit as paper. 

Have you checked that they didnt pay the compensation back to the source used to pay for the tickets?

Boudouche1

Thank you DullGreyGuy for your prompt reply. I belivee KLM are domiciled in the Netherlands, where their head office is. I have sent them the final demand (recorded mail) notifying them that I will take them to court if they do not respond within 14 days. KLM responded by email saying that they stick to the airline decision BEFORE the Aviation ADR determination.

Can Aviation ADR (escalation team) still intervene, or it is pointles to wait?

The defendant does not have a UK address, but I live in the UK and wonbdered if I can act on the defendant's behalf?

The compensation cannot be paid to the crediat card used to pay for the tickets as it was cancelled long before the compensation claim started. I provided my bank details on the Aviation ADR form, but can confirm that the payment has not been made (oherwise, I would not continue with this).

Can you please advise where I can find the relevant forms for the small claims court? Are there examples of previous successful cases (airline non payment after ADR determination) that I can follow?

ClaireS25

Hello,

I’m in a similar situation, delay of our initial flight resulted in a 24 hour delay with no accommodation or sustenance, KLM rejected our claim however ADR have ruled in our favour.  The ADR responded in February this year but KLM are yet to pay compensation & ADR have not responded to communication. I’d be keen to escalate this through ADR but unable to find contact details other than the dashboard.  We have now been trying for over 1 year to claim compensation from KLM.

Boudouche1

Hi, I have not had much luck trying to get in touch with KLM. i tried to send emails to their customer service in the UK and the Netherlands, and they ignored me. I then sent recorded letter to KLM's headquarters in the Netherlands. I then received an email from KLM saying that they were not going to pay, despite the earlier ADR's decision in my favour.

I have read about the fact that Aviation ADR has an escalation team, and they can make the airline pay. I have contacted Aviation ADR through their website (opened a complains ticket) and couple of months later I received a reply from ADR stating that tey contacted KLM again. KLM claimed that they paid money, than admitted that they "Made a mistake" in entering the bank account number on their claim. I have now been promised a payment within 14 days. Fingers crossed

Boudouche1

@ClaireS25. As a gollow up on the earlier post, I have now received the payment from KLM. It only took 18 months, and involvement from the ADR's escalation team.

Good luck with your case!

JustRegJoe

Hi, I am in the same predicament and intend to issue proceedings against KLM very shortly unless they pay me or provide a satisfactory response. I have already sent them a Letter Before Court Claim, to which they have not responded. 

I am the claimant, and Aviation ADR ruled in my favour early August-23 but KLM has not paid yet.

I am based in the UK and believe I can claim using the Money Claims service since KLM has a UK establishment (www.klm.co.uk/information/legal/about-klm).

This is the first time I will be issuing proceedings, wish me luck! I will keep you posted.

Boudouche1

Hi

I had a real problem getting hold of KLM. I would like to know how your case goes - good luck!