Reply To: BA refund – endless saga

[JDB]

@SMB – well done, you are 2/3 of the way there. As BA has made an offer, you need to proceed carefully as rejecting an offer could have costs consequences if this went to a hearing. I can’t advise you, but if I were in your shoes, I would write to the legal person at BA (copying the court if the offer and your reply are open and not without prejudice and noting in your letter that you have done so) saying that you note their open/WP offer which you do not accept or reject, but seek clarification of its calculation as the sum offered is at variance with the actual costs incurred (so is not a theoretical sum) as evidenced with receipts provided. Give them ten days to respond and say that only upon clarification you will be in a position to consider the offer. In any event, BA also needs to pay your court fees, but they won’t pay any interest, nor are they likely to be ordered to pay any, so don’t bother pursuing that.

I couldn’t quite understand your last para – do the Avios they have refunded relate to these cancelled flights for which you are claiming? If so, usually they wouldn’t refund them, but if they have they are entitled to deduct those.