Iberia refund nightmare

[WorldFlyer]

Hi, I have in March cancelled an Iberia reward flight/s booking from LHR to MAD to South America by phone. To my knowledge, a reward flight can’t be cancelled online via Iberia Plus.

So I rang Iberia Plus on their UK number, who said I would receive an email within 24-72 hours. However, I never did. The cancellation was almost 48 hours before the first flight, and the T&Cs allow to cancel for a full refund of money and the Avios if more than 24 hours before the first flight.

The agent confirmed (and I rang 4-5 times since) that a refund would be issued in a few days, but it never happened. I made two formal complaints, and they say non-refundable, which is non-sense, as all flights were with Iberia.
I think the problem is that the tickets were issued, as they did not process the booking cancellation in time internally. That is, however, their problem, but I am stuck and have little evidence in writing other than a reference number evidencing the date of the call as it is part of the number.
I also will make a subject access request to information they hold about this booking and the phone calls regarding the cancellation.

I will also write to them with all detail on their UK address at: https://find-and-update.company-information.service.gov.uk/company/13037447.

If they still don’t refund me, should I directly go to the Small Claims Court, which will incur further costs?

Are there any further suggestions on what I can do?

[NorthernLass]

Someone else posted this exact same problem very recently, it should be findable as they updated (possibly yesterday?) that they’d eventually got the avios and money back.

[SamG]

@JDB helped me out with this recently after lots of frustration

I sent a letter to

cacgestionjuridica@iberia.es

Waterside Orient 2a, West Drayton, Harmondsworth, UB7 0GB

Outlining the refund request and I had the Avios and cash within a few days

[WorldFlyer]

I emailed the same email address to no avail. I put it into letter format today, sending it recorded delivery to the address in Harmondsworth and saying I will take further legal action if needed.

Iberia’s refund process seems poor; they do not even confirm in an email, only say it takes 24-72 hours, which isn’t good enough if the flight is in 25 hours (mine would have been 48 hours later), so they hadn’t processed it internally and sent the emails for boarding in the interim, while I was travelling to South America on another carrier.

Fingers crossed, I hope they pay me some compensation should my complaint succeed; I have now particularly asked for it in cash or Avios. Besides the worry about the money and Avios, so much time was lost on this issue.

[QwertyKnowsBest]

Not the same problem but I gave up trying to resolve an issue with Iberia. Made BA look efficient and accommodating. Hope you do better than me.

[JDB]

Iberia is much, much worse than BA which is going to be a big problem now so many people are using their 241s with IB. My son put in a €600 claim for a 4½ hour delay from SAm to Madrid that was advised by email the day before with staff shortage cited as the reason in the email. Claim was refused – final decision, within 24hrs of making it on grounds flight didn’t arrive late, it had been rescheduled, if it was late (which is denied) extraordinary circumstances applied and the cracker, that as a UK citizen EC261 doesn’t apply anyway! I have underwritten his claim and will get the money.

I’m also already in litigation with Iberia on another matter. They have hired big solicitors and fairly senior counsel just to write the defence. BA are complete pussycats compared to these people who it seems will say absolutely anything even if it can be very easily disproved.

[meta]

I sent a letter to legal department to Iberia’s Madrid address last year when they failed to issue a refund last year within prescribed timeframe of 14 days. Resolved within a few days after they received a letter.

I also had a downgrade claim recently (just a short-haul one so really not much), I had to put in a MCOL in as never responded to my LBA. They didn’t acknowledge, pretended it’s a wrong address and so never received, but the court actually told them it’s their registered address so correctly served. They then put in the defence which was all lies and at the same time sent me an email to settle in full. They appointed some no-name high street firm, probably at the last minute. I nevertheless dragged it as long as I could by asking tons of questions about the settlement, just so that Iberia pays more for solicitors. After we signed, they dragged it additional seven weeks to make the payment saying that they can’t do it as my bank account details are wrong (they weren’t), then they can’t do it to my UK bank account, then finally saying they need my IBAN. All the while, they were pestering me to close the case at MCOL which I refused until money received. They probably payed 100 times more for lawyers than the claim, but serves them right for not settling the really straightforward claim immediately.

[meta]

@JDB They might ask you to sign an NDA as they tried on me. I told them to triple the claimed amount if they want me to sign one, so they backed off.

[JDB]

meta wrote:

@JDB They might ask you to sign an NDA as they tried on me. I told them to triple the claimed amount if they want me to sign one, so they backed off.

Thank you for the info; I shall watch out for that. They appointed a firm of City solicitors who wrote to me over two weeks after service of the Particulars asking where they were, but didn’t pursue that after I sent the receipt of delivery and told them they had also been sent by email, although they had never responded to my prior request to serve documents by email. And so it continues.

[yonasl]

Just fyi on this thread. Different issue but I paid for PE seats on a SH flight only to then upgrade to business (where seating is included).

I then asked for refund of the previously paid seat selection (the website makes it very clear that seating charges are refunded if you upgrade to a class that includes it).

Their answers was absurd (seats are not refundable/you can select your seat at the airport/etc.)

I simply asked Amex to reverse the charge and they did without IB even trying to fight it back.

[Lady London]

meta wrote:

I sent a letter to legal department to Iberia’s Madrid address last year when they failed to issue a refund last year within prescribed timeframe of 14 days. Resolved within a few days after they received a letter.

I also had a downgrade claim recently (just a short-haul one so really not much), I had to put in a MCOL in as never responded to my LBA. They didn’t acknowledge, pretended it’s a wrong address and so never received, but the court actually told them it’s their registered address so correctly served. They then put in the defence which was all lies and at the same time sent me an email to settle in full. They appointed some no-name high street firm, probably at the last minute. I nevertheless dragged it as long as I could by asking tons of questions about the settlement, just so that Iberia pays more for solicitors. After we signed, they dragged it additional seven weeks to make the payment saying that they can’t do it as my bank account details are wrong (they weren’t), then they can’t do it to my UK bank account, then finally saying they need my IBAN. All the while, they were pestering me to close the case at MCOL which I refused until money received. They probably payed 100 times more for lawyers than the claim, but serves them right for not settling the really straightforward claim immediately.

Excellent, @meta.

[WorldFlyer]

meta wrote:

I sent a letter to legal department to Iberia’s Madrid address last year when they failed to issue a refund last year within prescribed timeframe of 14 days. Resolved within a few days after they received a letter.

I also had a downgrade claim recently (just a short-haul one so really not much), I had to put in a MCOL in as never responded to my LBA. They didn’t acknowledge, pretended it’s a wrong address and so never received, but the court actually told them it’s their registered address so correctly served. They then put in the defence which was all lies and at the same time sent me an email to settle in full. They appointed some no-name high street firm, probably at the last minute. I nevertheless dragged it as long as I could by asking tons of questions about the settlement, just so that Iberia pays more for solicitors. After we signed, they dragged it additional seven weeks to make the payment saying that they can’t do it as my bank account details are wrong (they weren’t), then they can’t do it to my UK bank account, then finally saying they need my IBAN. All the while, they were pestering me to close the case at MCOL which I refused until money received. They probably payed 100 times more for lawyers than the claim, but serves them right for not settling the really straightforward claim immediately.

Are you able to share their Madrid address?

[JDB]

@WorldFlyer personally, I really wouldn’t write to IB’s Madrid legal team by post unless you plan to litigate in Spain where you will be at a huge disadvantage. If you write a Letter before Claim to the UK address at Waterside, it will reach the right people and as they don’t have a UK legal team it requires them to appoint solicitors and counsel (if you issue the claim), although that doesn’t seem to bother them. The email address above is for the legal team, but you can also write to presidencia, jsanchezp and servicerecoveryteam all @iberia.es

They will eventually respond, but you may need to follow up after a week / 10 days.

You can also complain to AESA https://www.seguridadaerea.gob.es/en/ambitos/derechos-de-los-pasajeros/procedimiento-para-reclamar

They will most likely take many weeks to respond, but will get there in the end.

[zapato1060]

meta wrote:

I sent a letter to legal department to Iberia’s Madrid address last year when they failed to issue a refund last year within prescribed timeframe of 14 days. Resolved within a few days after they received a letter.

I also had a downgrade claim recently (just a short-haul one so really not much), I had to put in a MCOL in as never responded to my LBA. They didn’t acknowledge, pretended it’s a wrong address and so never received, but the court actually told them it’s their registered address so correctly served. They then put in the defence which was all lies and at the same time sent me an email to settle in full. They appointed some no-name high street firm, probably at the last minute. I nevertheless dragged it as long as I could by asking tons of questions about the settlement, just so that Iberia pays more for solicitors. After we signed, they dragged it additional seven weeks to make the payment saying that they can’t do it as my bank account details are wrong (they weren’t), then they can’t do it to my UK bank account, then finally saying they need my IBAN. All the while, they were pestering me to close the case at MCOL which I refused until money received. They probably payed 100 times more for lawyers than the claim, but serves them right for not settling the really straightforward claim immediately.

Well done.

[meta]

JDB wrote:

@WorldFlyer personally, I really wouldn’t write to IB’s Madrid legal team by post unless you plan to litigate in Spain where you will be at a huge disadvantage. If you write a Letter before Claim to the UK address at Waterside, it will reach the right people and as they don’t have a UK legal team it requires them to appoint solicitors and counsel (if you issue the claim), although that doesn’t seem to bother them. The email address above is for the legal team, but you can also write to presidencia, jsanchezp and servicerecoveryteam all @iberia.es

They will eventually respond, but you may need to follow up after a week / 10 days.

You can also complain to AESA https://www.seguridadaerea.gob.es/en/ambitos/derechos-de-los-pasajeros/procedimiento-para-reclamar

They will most likely take many weeks to respond, but will get there in the end.

My letter wasn’t LBA. It was a simple letter to ask for a refund, but the legal department will take it more seriously than customer services these days. Their UK CS are also pretty much useless.

@WorldFlyer The address is 49 Martinez Villergas, Madrid, 28027, Spain

[WorldFlyer]

Thank you all for the helpful information!
I will feedback here if there are new developments.

[WorldFlyer]

Brief Update: Following MCOL claim. Iberia visa letter by a London solicitor are admitting to the need to reimburse me for the money and Avíos used for the flight.

They propose mediation next for an agreement.

They state the 8% interest would be excessive, which is a joke given inflation.

Further questions: Can I request extra compensation for the time I lost dealing with iberia and the claim. How much is realistic. I spend some 8-10 hours on this already

The money they will pay the solicitor will quickly exceed the costs of the claim, even worse if I don’t agree with them during mediation and would go to a court hearing near me.

Can I request at mediation/a hearing for Iberia to change their cancellation process, to be able to do online with clear evidence trail. Similar as to can be done via British Airways?

[WorldFlyer]

PS: Iberia UK completely ignored the letter I had sent them before making MCOL claim

[JDB]

@WorldFlyer – I assume you are dealing with a law firm beginning with K and a person whose first name begins with S. They are aggressive but not really very smart and I don’t know it’s whether Iberia insists or Iberia gets dodgy advice that they pay huge amounts of money to these solicitors to fight small but valid claims. If they have admitted the need to reimburse you as you state, I don’t understand why mediation comes into it unless there is some dispute about the amount which there shouldn’t be. I’m also not clear what stage you have reached – have they filed a defence (written by CL)? If they have and you have now filed DQs, that’s why there’s a mention of mediation as it’s going to be obligatory.

You definitely won’t get any compensation and you anyway cannot now ask for something you didn’t plead in the claim. I think you may also struggle to get any interest and you need to be prepared to concede this to get it settled by just asking for the refund in full + your court fee. Challenging the 8% as fair or reasonable or saying it is manifestly excessive is a pretty standard defence.

In respect of changing the process, mediation isn’t about that at all, it’s about the mediator trying to bring the parties to a settlement and a court wouldn’t have the power to order what you ask as a remedy for a money claim.

[WorldFlyer]

@JDB It’s a law firm beginnig with a K indeed. Thank you for sharing your views/knowledge.

They actually say I am entitled to interest, just dispute the 8%. However the total interest amount is ridiculously low.

I also wonder why Iberia just didn’t pay back the money and recredit the Avios. There is no reason for mediation really from my view, however it is now scheduled.

They filed a defence. It’s now costing them more for the solicitor, than is the value of the claim, which was less than £1000 including valuing the Avios at 1.6p each.

I think it is easy money for their solicitor in the UK who will surely charge Iberia for a few hours.

[JDB]

I don’t understand their strategy at all. The Defence will have been written by counsel incurring additional cost, so to ‘add value’ or justify their existence they are going to cheese pare on the interest. On my cases they have no prospect of winning on the underlying facts, so they have instead brought up a whole lot of alleged technical defects with my claims which will ultimately cost them more to litigate. I hope your mediation makes them see sense!

[PB2]

This would probably only work in person (say if having an issue at MAD), but don’t forget the “hoja de reclamaciones”. It’s a book that all businesses in Spain must hold by law, for consumers to record issues. These can (and are) inspected by Govt. officials so a business is usually keen to keep an issue out of it, or resolve it ASAP. Either way, a simple way to escalate when in person – just a quick google translate of the issue and contact details needed.