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BA didn’t respond to my original complaint so after 8 weeks I raised through to CEDR. CEDR set today as the deadline for them to respond, as yet they haven’t and I am sure they won’t in the next hour or so. Has anyone had experience of this? What happens next? Do they get a new deadline? Does CEDR automatically rule in my favour? Do they still review my claim and make a ruling based on my evidence alone?
BA didn’t respond to my original complaint so after 8 weeks I raised through to CEDR. CEDR set today as the deadline for them to respond, as yet they haven’t and I am sure they won’t in the next hour or so. Has anyone had experience of this? What happens next? Do they get a new deadline? Does CEDR automatically rule in my favour? Do they still review my claim and make a ruling based on my evidence alone?
The adjudicator has discretion to make a decision considering only the evidence provided by you if BA fails to provide a defence on time. You don’t get a default judgment as you would at MCOL (albeit than can be set aside). In practice, CEDR may chase BA for its defence and give them a bit longer. It’s quite unusual for BA not to respond with a defence or offer of settlement if your case is strong.
It was a ticket validity issue, bought in the Avios 50% off sale, first class return, cancelled a number of times and then basically told no I couldn’t be routed again as my ticket validity was out so I had to downgrade to business and pay extra avios to get there. What’s funny is I appealed this hoping to be sorted before I travelled which didn’t happen, but when I did travel I was delayed by 5.5hrs due to a technical issue and they paid out the EU261 compensation within a week of me putting that complaint in.
There was a very similar case reported here already on Hfp – BA lost. It was certainly in past 2 or 3 months.
I’d have wanted back not only all my extra avios they made me pay, and any increased ‘taxes’ they made me pay,
Additionally I’d have also wanted the full 75% reimbursement (of the full ticket price less any avtual true airport charges or APD ) for involuntary downgrade.
I’d also not want any avios returned to me as by now I’d be completely fed up with BA, but I’d have claimed 1.6p cash for every avios due back to me, and for every avios in the 75% reimbursement for downgrade. 1.6p has been accepted in court as a value for 1 avios based on BA’s own standard selling price.
Anyone on a 241 claims the same for the second based on the amounts claimed for the first seat.
Plus as it’s taken a while, I’d have asked for statutory interest (has it gone up from 8%?) from 14 days after my first request, as JDB has mentioned.
Forget the compo on the actual flight – that’s completely irrelevant to the shabby way they treated your First Class ticket.
Please let us know how this turns out.
I did find that case and used some parts from it.
I have ask for 75% of the taxes and fees paid plus 75% of the Avios paid of the original ticket. I have then asked for the refund of the additional Avios and taxes paid to actually travel there in Club instead of First. There was 4 of us travelling so it isn’t just small change.
Well todays update is that BA have asked CEDR for an extension as they are still investigating my claim. CEDR have given them 10 working days to respond
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