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Forums Frequent flyer programs British Airways Executive Club BA refund – endless saga

  • SMB 23 posts

    I’ll try to keep this as short as possible but need some updated advice before hitting the gin.
    BA cancelled PMI inbound flight in June and refused to reroute next day via Southampton BA/Loganair so we booked ourselves. Offer was 3 days later via LGW AND LHR to EDI and due to many things including family emergency, was not acceptable.
    Battled with them endlessly before going to MCOL.
    Email from BA now offering a random £1166.40 instead of the full £1657.54 for the tickets purchased. The figure is random as far as I can see and not connected to either sector tickets purchased.
    I obviously don’t think I should accept this but as I have to reply to BA who sent the offer do I also go back to MCOL with appropriate reference number?
    Avios refunded after several letters and a call but still no one way fare (£50) although they claim they did refund and deducted from offer. I did get 2x£7.96 instead of 2x£25.

    @JDB
    helped originally as did @LadyLondon.

    JDB 4,663 posts

    @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.

    SMB 23 posts

    @JDB. Thank you. After months of correspondence Avios were refunded eventually by a CS girl by telephone. Same CS girl sent a message to refunds as she acknowledged I had only been refunded the random 2x£7.96 instead of 2x£25 as it was Club Europe. No £50 refund forthcoming but BA say they will deduct it from the offer as it has been paid. It has not. They have agreed to pay court fees. It’s like wading through treacle dealing with BA. I will reread what you have said and write accordingly. Such a waste of time for so many people. Thanks so much again for your help with this long drawn out nonsense. X

    THEPUMA 22 posts

    I fear I am about to start on a similar saga. Just had flights back from BRU cancelled twice, following which I bit the bullet and paid £636 for 3 Eurostar tickets in order to get my children home in time for school tomorrow. They have subsequently cancelled the flight I am booked onto tomorrow and put me onto one on Tuesday morning.

    I’ve tried calling them but they aren’t taking any calls due to “large call volume”.

    My question to you is whether you pursued them for your statutory compensation in addition to your out-of-pocket costs? Had I managed to get home on the second flight, I would have incurred zero costs and received £660 in compensation so it seems absurd that I should end up with a worse deal from them as a consequence of them cancelling the second flight.

    Does anyone know whether I am likely to be successful asking (or suing if need be) for both my out-of-pocket costs and my statutory compensation? Or will I get a refund of my flight costs plus compensation? What about other costs (food, drink, transportation)?

    Many thanks and sorry to hijack.

    JDB 4,663 posts

    I fear I am about to start on a similar saga. Just had flights back from BRU cancelled twice, following which I bit the bullet and paid £636 for 3 Eurostar tickets in order to get my children home in time for school tomorrow. They have subsequently cancelled the flight I am booked onto tomorrow and put me onto one on Tuesday morning.

    I’ve tried calling them but they aren’t taking any calls due to “large call volume”.

    My question to you is whether you pursued them for your statutory compensation in addition to your out-of-pocket costs? Had I managed to get home on the second flight, I would have incurred zero costs and received £660 in compensation so it seems absurd that I should end up with a worse deal from them as a consequence of them cancelling the second flight.

    Does anyone know whether I am likely to be successful asking (or suing if need be) for both my out-of-pocket costs and my statutory compensation? Or will I get a refund of my flight costs plus compensation? What about other costs (food, drink, transportation)?

    Many thanks and sorry to hijack.

    I don’t think BA will be paying anything beyond Article 9 Right to Care costs and potentially rerouting costs (ie your Eurostar tickets). Whether you ask or attempt to sue, they will not pay compensation citing the ATC restrictions imposed following adverse weather and I’m not sure on what basis you would be able to counter that.

    THEPUMA 22 posts

    I fear I am about to start on a similar saga. Just had flights back from BRU cancelled twice, following which I bit the bullet and paid £636 for 3 Eurostar tickets in order to get my children home in time for school tomorrow. They have subsequently cancelled the flight I am booked onto tomorrow and put me onto one on Tuesday morning.

    I’ve tried calling them but they aren’t taking any calls due to “large call volume”.

    My question to you is whether you pursued them for your statutory compensation in addition to your out-of-pocket costs? Had I managed to get home on the second flight, I would have incurred zero costs and received £660 in compensation so it seems absurd that I should end up with a worse deal from them as a consequence of them cancelling the second flight.

    Does anyone know whether I am likely to be successful asking (or suing if need be) for both my out-of-pocket costs and my statutory compensation? Or will I get a refund of my flight costs plus compensation? What about other costs (food, drink, transportation)?

    Many thanks and sorry to hijack.

    I don’t think BA will be paying anything beyond Article 9 Right to Care costs and potentially rerouting costs (ie your Eurostar tickets). Whether you ask or attempt to sue, they will not pay compensation citing the ATC restrictions imposed following adverse weather and I’m not sure on what basis you would be able to counter that.

    OK thanks. At the time I posted my message, I didn’t realise that the weather was the cause of the cancellations.

    SMB 23 posts

    @THEPUMA.Not a problem. I couldn’t have managed to get as far as I have without the help of @JDB and have had other help from wiser folks than I. When North of the Wall he’s entitled to a drink.

    SMB 23 posts

    @JDB Not sure if you will pick this up but I’m beginning to think BA employ 12 year olds. No forget that. 12 year olds could do better!
    I took all of your advice re the first post on this stream. The day after you gave me advice I got a copy of the letter BA sent to the court which was so much more detailed and still incorrect. I asked for clarification on some points saying until I received it I could neither accept or reject their offer. Everything copied to the court.
    Appears from their detailed court letter that the offer was for 1 sector of the journey (PMI to SOU) priced in euros and not both sectors (SOU to EDI). The good news was they acknowledged to the court I had purchased a PMI to EDI flight and were willing to refund me PMI to EDI flight. The offer was only for the PMI to SOU sector though. The £50 refund I didn’t get, minor that it is, was still in dispute.
    Anyway, still waiting the clarification but last night I found that BA had put the money for the PMI to SOU flight into my bank account, details they found from my first letter to the legal department, minus the disputed £50, and £115 court fees as a separate deposit! No communication from BA at all!
    I am about to send yet another correspondence to their litigation lassie and copy to the court. It’s not as if it’s mega bucks but someone is not doing their job properly. It’s not rocket science.
    Sorry, just had to vent at someone in the know.

    JDB 4,663 posts

    @SMB not sure if I quite understand where you have got to. BA should have set out precisely what they are agreeing/paying and what is still being defended in a further defence statement. If they haven’t, I would write to them saying that the payments received so far are not accepted as settlement of claim as there is still a shortfall notwithstanding BA’s payment of the Court implying they are settling and not defending. Add a table showing each of the items in the original claim and the total of that, and another column with what is now paid and a big OUTSTANDING against the missing parts and a total of that sum. Tell them that having agreed your claim in principle, they need therefore to pay the valid sums claimed and you are not willing to discontinue your claim until that happens. I don’t understand your claim so do make absolutely sure BA isn’t correct in their defence! Good luck.

    SMB 23 posts

    @JDB Sorry it’s not clear but it’s become an such unnecessary mess. I’ve more or less done everything you have said. BA laid out the claim to the court and what they are willing to pay which is the whole flight but priced it at the first sector only. I asked for clarification as to why they are not paying the full amount of my claim although they have said they will pay the flight to EDI (two flights actually PMI-SOU-EDI) and why they have deposited PMI-SOU fare only into my account. It appears they have completely ignored my first reply to their offer. They are so unprofessional in not even communicating.
    It will all sort itself out eventually. Sorry to have been a pain. You’ve been a great help when I’m out of my depth but I’m stubborn as definitely in the right and you’ve now provided me with a template should I need it for the next step. Retirement is meant to be a life of fun and relaxation.
    Merry Christmas and cheers!

    SMB 23 posts

    @JDB
    Many thanks for all your help. All monies have been reimbursed and had the litigation lawyer read the claim properly it would have been sorted long ago and not had her apologise in almost every email for her errors.I did acknowledge your help in the chat stream on Saturday. You are very knowledgeable and I have tenacity when pointed in the right direction. Thanks again.

    JDB 4,663 posts

    @JDB
    Many thanks for all your help. All monies have been reimbursed and had the litigation lawyer read the claim properly it would have been sorted long ago and not had her apologise in almost every email for her errors.I did acknowledge your help in the chat stream on Saturday. You are very knowledgeable and I have tenacity when pointed in the right direction. Thanks again.

    You are very welcome! I’m really pleased that you have managed to get this resolved.

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