Cedr and BA

[simonjones]

Raised a claim with CEDR against BA , deadline for airline to respond was Tues checked online no updates since case was accepted
If BA have asked for extension on deadline , how long does it take for the cedr portal to update
If they have asked for longer is it likely they will pay up or ?
Flight Lon- Mia was late taking off and landed 3 hr 4 mins late , we didn’t board on time despite plane at gate , pilot was sick so they had to source another one when they finally arrived 2 hours later we could board , gate staff capt and cabin crew all confirmed the same reason , names given in my evidence . BA CR denied claim as they said it was ATC delayed
Should of asked for captins report and a copy of flight deck announcement (capt said before take off that flight was delayed due to pilot sickness) maybe can ask for that if they still stick with ATC reason

[BA Flyer IHG Stayer]

You will have to wait for BA to file its side of your claim to see what they say but IF they can make a case that if any part of the 3 hrs 4 mins delay isn’t under their control and that brings the delay under 3 hours then they aren’t liable for compensation.

[JDB]

@simonjones – I wouldn’t worry about what you might have obtained. BA rarely provide it to the passenger, and even if you had a recording of the announcement, it isn’t really of any probative value and anyway, delays are often made up of different parts. In this case BA will be required to show proper evidence to CEDR or they will lose. Unfortunately, with only four minutes in your side, BA doesn’t need to do much.

[simonjones]

Thanks for information funny enough I have just got a message from cedr , BA have asked for an extension

Is that a good thing or ? As you say the delay is only 4 mins over the time which they need to pay out … if so clear cut for the airline wouldn’t they just reject the claim or ?

[JDB]

simonjones wrote:

Thanks for information funny enough I have just got a message from cedr , BA have asked for an extension

Is that a good thing or ? As you say the delay is only 4 mins over the time which they need to pay out … if so clear cut for the airline wouldn’t they just reject the claim or ?

It’s very standard for BA to ask for an extension and conceivable a second one, but CEDR won’t allow it to drag on more than 2-3 max. It isn’t clear cut for BA as if say they claim 10 minutes was ATC there shouldn’t be anything ‘extraordinary’ about that. They need to show there was some sort of specific restriction outside normal patterns.