Maximise your Avios, air miles and hotel points

Forums Other Flight changes and cancellations help Legal escalation options for Wizz Air / ADR ?

  • johnny 27 posts

    Wizz Air “UK” owe us almost £3k for a double cancellation and 5 nights stranded abroad. They offered 10% of our claim as Wizz credit, which I rejected as a breach of their legal obligation under EU/UK261. They claimed “exceptional circumstances due to unforeseen circumstances” without further explanation. I immediately submitted a claim to Aviation ADR which has not progressed beyond “initial assessment” in four months. I queried this delay twice: on the first occasion they responded asking me to re-submit already submitted documentation; the second was ignored completely. Their workflow indicates that “IA” is supposed to be completed within a few days. What are my options from here?
    1. Trust that ADR is doing something, and wait for unknown length of time
    2. Prepare my own MCOL (no experience of this; do I need to wait for ADR to complete?)
    3. Retain a solicitor experienced in EU/UK261 claims? (any recommendations?)

    JDB 4,384 posts

    I don’t know the nature of your claim, but that’s a lot of cash to be owed. Particularly if you are not familiar with MCOL and the cost in fees of a large application, my inclination would be to jolt ADR into action by making a formal complaint to them and either simultaneously (or after giving ADR seven days to get your claim moving) writing to the chairman of the CAA to complain about the failure of the arbitration service.

    If you issue a claim via MCOL, your ADR claim will cease to be valid, but you could still go to MCOL if the arbitration were unsuccessful.

    Unfortunately Wizz has a terrible reputation in this area and there is a risk that even with a successful arbitration (MCOL) they won’t pay up. Theoretically, after MCOL you can take enforcement action but as a practical matter that’s more difficult and costly than some here suggest with fanciful ideas of arresting aircraft. If they didn’t pay after arbitration, the CAA would deal with this quite efficiently.

    johnny 27 posts

    @JDB

    This claim was eventually resolved after 11 months. Wizz instructed ADR they wished to defend the claim, but provided no further evidence or communication of what that defence could have been. The adjudicator found in our favour, and accepted our detailed itemisation of expenses. While I was initially told that Wizz would make payment within 14 days of the decision, it ultimately took 60 days for my Monzo to rattle. That was a joyous moment indeed. If others happen upon this thread, stay the course and you will get compensated eventually.

    I would quite like my interest on 3k for 11 months, but that’s another matter !

    JDB 4,384 posts

    Well done for the win and persevering down the slower but easier/safer route. Wizz is under a lot of pressure from the regulator to pay unpaid claims and also to reopen all previously rejected claims going back to March 2022. I don’t think the adjudicators at AviationADR or CEDR have the power to award interest.

  • You must be logged in to reply to this topic.

The UK's biggest frequent flyer website uses cookies, which you can block via your browser settings. Continuing implies your consent to this policy. Our privacy policy is here.