Won against BA April 2021

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  • #301
    fotherda
    Keymaster

    Here are mine and BA’s witness statements.

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    #400
    JBarbs
    Participant

    I just wanted to say thank you to Dr. Fotheringhame for making his win public. My situation is slightly different in that I accepted a voucher *in advance* because I had a non-refundable ticket and my destination country had closed its borders. The passenger manifest is usually 90%+ people from that country so it would be pointless for me to take the flight and be rejected at the border. This country still has not reopened its borders to any foreigners since Covid hit. I will update with the results of my case.

    #401
    C Gray
    Participant

    At last someone has taken BA on and won I am now at least slightly hopeful of regaining approximately £1500 from the voucher I am never going to use.
    BA have behaved terribly in my view and so far there has been little justice. I did accept a voucher in the knowledge my flight could not go ahead before it was cancelled.
    We wanted to defer until the not yet a pandemic was over not knowing how bad it would get and had the intention originally to rebook in a few weeks or so not knowing two years later we still can not take
    our flight due to other commitments at home.
    I am still not over confident however I am prepared to have a go due to this site and Dr Fotheringhame making his win public so appreciation goes to him and I hope it is okay to go and share the site link out there for others to benefit.
    I will post if I get any kind of success.

    #402
    David
    Participant

    How are you getting on with your claim? I am seriously thinking of a small claims court application. I was hoping there would be more publicity of successful claims against BA especially since the success in April 2021. The template DF provided is very useful and if more claims are won then BA might have to just refund rather than vainly try to defend. It would be helpful to know if BA have won any cases and also if any mediation has been successful for the claimant.

    #403
    David
    Participant

    Just noticed that BA have recently changed policy and will offer cash refunds for some vouchers not used within 2 years of issue. This is from their website.

    Who is eligible for a refund?
    If you requested an eVoucher after your flight was cancelled between 9 March 2020 and 19 November 2020, you can request a refund.

    How do you request a refund?
    Refunds can be requested via the online refund form. You can apply for a refund 24 months from the date of issue of your eVoucher. An email will be sent from us informing you when this is.

    Can you request your eVoucher to be refunded if it’s not yet two years from when it was issued?
    Refunds can only be applied for 24 months from the date of issue of your eVoucher. An email will be sent to you to inform you of when this is. You can use your current eVouchers to pay or part-pay for flights that are completed by 30 September 2023.

    #404
    LS2022
    Participant

    Hi, I am getting to a stage when I am going to use SCC (small claims court), but do not want the hassle. BA has rejected my application for refund 4x, including 2x following the 2 years rule.
    They even told me over the phone on Saturday that they will refund the money and that I will receive an email confirming when the money is going to refunded to me, only the next day Sunday to receive a confirmation that no refund will take place – I did record the conversation with BA, thus have an evidence of what they told me over the phone.
    We bought flight tickets in 2019 for 2020, in 2021 my husband’s health has been deteriorating with 2x heart attack, 2x heart failure, 1x kidney failure and leukaemia diagnosis making us unable to travel. Provided BA with all medical records in September 2021, still they would not refund the money.
    Waited for the 2 year rule, our vouchers issued on 21st April 2020 – got rejected 2x since.
    They are not answering or helping and it seems I have no other option but to take them to SCC.

    How did your claim go? Have you been successful?

    #405
    LS2022
    Participant

    Dear David,

    Thank you for providing your claim information, which I read with interest – for non-legal person, you seem to have a lot of knowledge 🙂
    I would like to ask about the timing of your case as I came across this article – https://www.gov.uk/government/news/cma-closes-investigation-into-british-airways-and-ryanair – which I believe would prevent any future wins over BA.
    What is your opinion?

    Thank you.

    #406
    C Gray
    Participant

    Hi all I am not sure the CMA decision is going to affect things as BA seems to have recently suggested they will now refund vouchers. The CMA investigation was closed some time ago which was a disappointment as I am sure many, me included had hoped they would find in our favour.

    I recently sent an email to request a refund and as my voucher just clicked over the two year milestone I will try their site and report how things go.

    #407
    C Gray
    Participant

    I have just checked the BA website out and the following link suggests all vouchers will be refunded, we will see.
    As soon as I get mine I will post on here to say so as it should be very soon going by the dates the voucher was issued.

    https://www.britishairways.com/en-gb/information/incident/coronavirus/future-travel-voucher-refunds

    #408
    LS2022
    Participant

    I would be curious to hear about your experience with the two year rule.
    My vouchers issued on 21st April 2020 with limited expiration, reissued in December 2020 with extended expiration. Because the second reissue with extended expiration, I wonder if they are rejecting my claims for refund on the basis that the second time they issued them falls outside of their specified period.

    #409
    Jane Marshall
    Participant

    I need some help please with of course BA!
    BA have not responded to small claims court online (money claims online) the next stage is a CCJ but they still can’t force them to pay, should I go down this route? Can I contact BA again or would I negate any claims by doing this? We are talking just over £2k so cannot afford to lose this!
    Any help much appreciated
    Jane

    #410
    LS2022
    Participant

    Wow, Jane … what a situation. I cannot help but do I understand correctly … you took BA to SCC, you won, they lost and still they did not return the money?

    #411
    Jane Marshall
    Participant

    To LS2022
    No I have applied to SCC and they have not responded within the timescale so my question was do I take them to court through CCJ

    #412
    Jane Marshall
    Participant

    RESULT!!!
    Yesterday after posting on this site (or day before) I had a surprise email from BA A FULL REFUND plus court expenses yay!! It is official as I have had the appropriate Court form. So everyone, do not give up, it has taken nearly two years of emails, failed telephone calls, writing to the media (none of whom took it up)Small Claims and then a threat of a CCJ finally I will get my money (over £2k) be like a terrier, log all the calls, emails and sequence of events, it’s worth it. Although I will let you all jknow when the money actually gets paid into my account.

    #413
    LS2022
    Participant

    To Jane Marshall
    WONDERFUL NEWS!!! I am sure you are very happy!

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