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Forums Frequent flyer programs British Airways Executive Club “When do I take BA to CEDR?”: A HfP fan favourite

  • AL 711 posts

    TL;DR: submitted claim with full receipts in Nov. ’24 for approx. £200 as a result of missing baggage due to IT meltdown. Reunited w/ bag three days later. Claim closed within 24hrs of opening, no response. Twitter team said it had been merged with another case – nobody can tell me which other case. BA call centre tells me it hasn’t been merged. Wrote to Waterside (not an LBA); no response. When do I go to CEDR?

    Longer version:

    The publicised Nov. ’24 IT meltdown happened whilst was mid-air to LHR. Luggage didn’t turn up after 1hr+ waiting and baggage services were unable to create a PIR as IT meltdown affected that, too. Told me to raise a report on BA.com which I eventually managed to later that evening. Case deliverd back to me, eventually, after two days – first day was a misdelivery to another hotel I wasn’t staying at. In the meantime, had to buy toiletries, medication and clothing (c. £200+, had to attend events and meetings). Claim sent in after the trip with full receipts. BA.com showed the claim closed by the next morning. Tried to raise a new case but BA.com wouldn’t let me, as I already had one for the relevant PNR. Tried to call but got nowhere (“wait – claims can take time”, which was a bit patronising). Wrote to Waterside, tracked delivery, no response. Asked Twitter team (“it’s been merged with another case” – no idea whose!). Once managed to get call centre to tell me it hasn’t been merged, and another patronising fob-off: “you just need to wait, as these things can take some time”.

    It’s £200, and not a life-altering amount to me (luckily!), but would be for some. It’s been about two months. At what point do I go to CEDR? Do I have to LBA Waterside first? Thoughts, please!

    points_worrier 365 posts

    Have you actually submitted a complaint yet?
    If not, do this now. You can’t go to CEDR without either a final response to a complaint, or 8 weeks since you submitted one. I don’t think putting a claim in and never hearing back counts.

    AL 711 posts

    Have you actually submitted a complaint yet?

    To my understanding, BA.com treats claims as complaints and it won’t accept another complaint about the same category on the same PNR. That spurred on my letter to Waterside which was a complaint about their processing times. If BA.com can’t handle it (and I suspect that this is by design!), then does my letter of complaint count?

    points_worrier 365 posts

    Have you actually submitted a complaint yet?

    To my understanding, BA.com treats claims as complaints and it won’t accept another complaint about the same category on the same PNR. That spurred on my letter to Waterside which was a complaint about their processing times. If BA.com can’t handle it (and I suspect that this is by design!), then does my letter of complaint count?

    Letter of complaint definitely does count. See if you can confirm they have received it, and add 8 weeks from the date you sent.
    Once you have hit 4 weeks, I would do a subject access request under GDPR for all the information held about the case for CEDR.
    Submit to CEDR at 8 weeks – this will kick BA in to responding and making an offer to settle quickly if they are going to.

    Lady London 2,346 posts

    I am pretty sure you can date the 8 weeks from when you first submitted the claim particularly as you have made further efforts to pursue and it’s been made impossible.

    BA’s poor procedures and inadequate systems are not your problem and the salient fact is that your issue has remained unresolved for 8 weeks since you raised it.

    Richie 1,265 posts

    ….BA’s poor procedures and inadequate systems are not your problem and the salient fact is that your issue has remained unresolved for 8 weeks since you raised it.

    BA have already achieved an altitude of unreasonableness and are climbing higher.

    AL 711 posts

    BA’s poor procedures and inadequate systems are not your problem and the salient fact is that your issue has remained unresolved for 8 weeks since you raised it.

    This is, indeed, my view. I think I will start with a SAR, if nothing else because I’m interested, then submit to CEDR regardless. It should categorically not take BA over eight weeks to pay £200ish.

    JDB 6,170 posts

    Yes of course BA should resolve claims within eight weeks but the reality is that they do triage/prioritise cases and there are a lot of smaller cases to address. As we are talking about £200 I really would chase BA (or just be patient) rather than rushing to CEDR which will likely take longer and if you do it properly take time. This applies particularly as the case remains open rather than being closed without contact. Whatever, do not open a new claim!

    If the claim is valid, you will likely see a credit out of the blue relatively soon.

    As for the suggestion of doing a SAR in this instance, I’m speechless! SAR is a valuable tool (as is CEDR) and great in some circumstances, but it should always be used judiciously. Its use here is a straightforward abuse of process and will not assist resolution one jot, whatever is disclosed. It seems like a childish tantrum response rather than any sensible effort to get BA to pay the claim which for me should be the priority.

    points_worrier 365 posts

    SAR really isn’t an abuse of process. You are building up a habit of being confident and wrong @JDB. When BA don’t reply they frequently do make notes on your case, which can be helpful to your case.
    A complaint of mine had been totally ignored and then the flight unsolicited refunded despite asking for this to not happen. Only the SAR revealed BA had chosen to refund the flight ‘to minimise the liability to the airline’ and close the case.
    It is also very useful to have recordings of your calls to them so there is no ‘he said she said’ about what was said. BA initially tried to claim I had agreed to the cancellation.
    BA folded pretty quickly at CEDR. I have no doubt they wouldn’t have included the information/recordings undermining their own defence themselves.

    points_worrier 365 posts

    And I should add you’re taking BA to a quasi-tribunal that doesn’t have any discovery or disclosure rules. When you don’t know what info BA has, and BA refuses to reply to you by timing out ad nauseam, it is totally reasonable to see what information they have on or about you for the case.
    Want to avoid it? BA could respond and/or pay within a reasonable time. UK261 says payment time is 7 days…

    JDB 6,170 posts

    And I should add you’re taking BA to a quasi-tribunal that doesn’t have any discovery or disclosure rules. When you don’t know what info BA has, and BA refuses to reply to you by timing out ad nauseam, it is totally reasonable to see what information they have on or about you for the case.
    Want to avoid it? BA could respond and/or pay within a reasonable time. UK261 says payment time is 7 days…

    In a £200 case involving lost baggage, what data BA does or doesn’t have is totally irrelevant and whatever the output from the SAR, it won’t help progress the claim and might take a month. If you went to MCOL you wouldn’t get any meaningful discovery/disclosure because it’s so obviously disproportionate and unnecessary. In this type of situation, a SAR just seems petty and if it’s some misguided attempt to annoy BA, I’m not sure there’s anything too clever about stooping to their level.

    UK261 doesn’t have any relevance to luggage claims and the only payments UK261 requires to be paid within seven days are refunds following flight cancellation and involuntary downgrading. There’s no time limit for anything else.

    Ihar 472 posts

    @JDB – I’m really sorry, but I’m agreeing again. SAR costs a lot of money for companies and is entirely unreasonable as an SAR should be completed in one month so long before a CEDR is probably heard. Generally, SAR is a fantastic tool especially in small claims.

    A year ago I claimed £700 from BA due to delayed luggage (5 days)/bag damage, and they paid the claim immediately. Before that £200 for a bag delayed for 24 hours. Never had an issue with a swift resolution if the claim is reasonable/fair.

    Let’s be honest. BA IT (BAIT) 😁 is awful. I guess you’ve got lost in the system. Send an email. If your claim is reasonable, there’s no business sense for BA to want it to head to CEDR.

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