Next step after easyJet rejects duty of care claim

[sara]

I am well versed in my legal rights but I would appreciate some insight into how the complaints process works in practice, I’ve never had to do ADR etc

– easyJet cancelled my return flight a couple of months in advance of the trip
– I rebooked onto the next available return flight
– So of course no compensation due. But duty of care due
– On return I submitted the easyJet expense claim form for accommodation and meals
– easyJet rejected the claim on the grounds that they had given advance notice of the cancellation
– I sent a follow-up complaint email this morning asking them to honour their (own terms and) legal responsibility

Assuming they still don’t pay out, what should my next course of action be to get this paid out with the minimum of hassle? Do I continue to escalate within easyJet one or more times, or go to mediation/ADR/etc, or MCOL, or something else?

Thankyou

[NorthernLass]

I would try again with Easyjet and also ask them if this is their final position (I’ve found them a lot easier to deal with than BA during the pandemic). If they still refuse, CEDR is extremely helpful and user friendly (sorted my delay claim against BA very quickly a couple of years ago), but I think they have a bit of a backlog of cases atm.

[JDB]

NorthernLass wrote:

I would try again with Easyjet and also ask them if this is their final position (I’ve found them a lot easier to deal with than BA during the pandemic). If they still refuse, CEDR is extremely helpful and user friendly (sorted my delay claim against BA very quickly a couple of years ago), but I think they have a bit of a backlog of cases atm.

I don’t think EasyJet uses CEDR. You need to contact AviationADR.

[ChrisC]

EasyJet use AviationADR not CEDR as its arbitration provider.

https://www.caa.co.uk/passengers/resolving-travel-problems/how-the-caa-can-help/alternative-dispute-resolution/

[Lady London]

Such a shame.
Please keep us informed of the outcome.

[sara]

Update: easyJet repeated their decline on the broken grounds of “we rerouted you onto the next flight free of charge” + “the cancellation was more than 14 days ahead” = “no right of care”!

I’ve asked them to either escalate the complaint or send me a final decision letter so I can ADR.

I’ll keep you informed.

Thanks for the explanations from everyone. I now understand – it’s the same as e.g. Financial Ombudsman process in that you complain first, wait for deadlock/8 weeks, then take to ADR.

[Lady London]

It’s the same as any complaint to anyone before proceeding to arbitration, ombudsman for the industry concerned, or especially legal action (such as MCOL). Similar would be for, say, a chargeback or especially a Section 75 claim.

Basically before taking it beyond interacting with the entity you’re complaining to, you need to show you gave them an opportunity to resolve it and that you were reasonable. What that takea isn’t usually strictly specified but broadly, any of the following 3 will be enough :

1. You tried to resolve it with them for 8 weeks, whether or not they ignored you, just made it difficult or kept refusing;

2. You asked/tried 3 times and did not get satisfaction;

3. They’ve said they won’t deal with it any further, said they refuse to deal with it (or it’s not them), or said/confirmed (you can ask them to confirm) they’ve given their final answer.

Moneysavingexpert dot com is a good source of info on this sort of thing (though they have been slightly inaccurate on EU261 detail).

If the company ia finger-pointing and saying someone else is responsible (eg Virgin tickets you on ANA then ANA cancels your flight and they each point to each other as responsible for rerouting you or both deny responsibility), then address all further correspondence and any official complaint or MCOL to both (or all, if more than 2 companies) jointly. No To one and Cc the other. Both on the ‘To’ line. And Dear Virgin then next line Dear Ana then the body of your email or letter, for example. The adjudicator or ombudsman or court should sort out which of them is responsible….You don’t care but you are not going to leave a gap where if you mcol or complain about one company the other party is not there to have judgment made to give you what you want too if it’s them and not the other one.

[sara]

Great advice, thanks.

I know some ombudsmen DO define it, as either a deadlock letter or 8 weeks. Asking 3 times wouldn’t be enough.

Also pretty sure Section 75 is different: card company is jointly and severally liable, you’re entitled to choose to pursue through card co without ever talking to the supplier!

[Lady London]

Please let us know when you win. Doesn’t seem conceivable that you won’t.

[sara]

Now they’re focusing away from the ‘no duty of care because we gave 14 days notice’ and toward the ‘no duty of care because you chose a free rerouted flight instead’. 🤦‍♀️. I am still trying to get confirmation that it’s their final decision, to make it easier to escalate.

[Lady London]

This is really sad, isn’t it. It’s never a good look when an airline changes their story. Especially when anyone taking a cursory look at EU261 would know they’re still wrong.

I hope they confirm this is their final answer soon, they don’t seem to be worth wasting time with. Havr you asked for the address of their Legal Department / at which address papers can be served?

[sara]

Now they’re back to ‘no because we cancelled more than 14 days ahead’ 😹

With regard to my repeated requests for whether it’s their ‘final decision’ so I can progress it, they’ve just said “We would respect your decision, if you wish to take this further.”

Is that sufficient for me to go to ADR / court?

I’ve asked for the legal address, too.

[JDB]

You don’t need a ‘final decision’ letter. That is really terminology from financial services complaints. It is clear that you have provided EasyJet ample opportunity to respond. You can check the company’s registered address online at Companies House to serve a ‘letter before action’ by some form of recorded delivery without waiting for them to tell you. You should be able to look up the Company Secretary’s email address on the EasyJet investor website to email to them as well. Clearly head your letter with the words “Letter before Claim” and state it is written in accordance with the pre-action protocol of the Civil Procedure Rules. Give them 14 days to respond.

You can, of course, in the letter also
reserve the right to go to ADR first.

• This reply was modified 54 years, 4 months ago by .

[JDB]

@Sara sorry I should have added, that whether you choose ADR or MCOL, it isn’t requirement, but I believe it’s always a good idea to provide a brief chronology of events, correspondence etc. with any relevant short quotes so it’s clear, e.g. what an email was about. This should be cross (page)referenced/indexed to the supporting documents, all in one not too large PDF. It makes life much simpler for whoever is deciding your case, always a good start and for judges, it’s a format they are very used to. It will also show the defendant that you mean business if you send it with your LBC.

[meta]

Totally agree with @JDB. Focus on factual and timeline and the law, nothing else. Be clinical so to speak.

I actually wouldn’t give them 14 days. I would give the 8 days max in Letter before action. This is because they had ample opportunity to respond to your previous requests. Giving more time is usually for cases in which the companies don’t respond at all and then you need to given them one final opportunity (21 days is then considered normal).

I would also submit the MCOL bang on day 9 (or whatever date you give them as deadline) and not wait any longer. This way it keeps the pressure on them. Of course if you need more time to prepare your case submission you might give them time to respond to LBA, but your LBA should actually be similar to your submission, so not much work for the actual MCOL submission. I am not familiar with Easyjet’s ADR, but good LBA should work the same.

[sara]

I took it to ADR.
easyJet provided their response, which is more of the same: a detailed case for exactly why they’re not required to pay compensation!
So it’s in ADR’s hands now. I’ll keep you informed.

[sara]

ADR ruled in my favour (with the exception of one meal they deemed not essential/fair in price, and another where I’d provided a takeaway order confirmation email instead of a payment receipt).

Thank you everyone for your help.

[Lady London]

Congratulations Sara.
I hope the petty subtractions didn’t take away too much.

Is it too much to hope Easyjet will have learned to distinguish duty of care from compensation claim for the future?