Every week, our Money team gets an expert to answer your financial problems or consumer disputes. Today, our reader Simon Lawrence asks…
We booked a holiday to Mexico for £2,362 but a few months later were seeing a lot of articles about how dangerous Mexico City had become. When I called, British Airways agreed to let us cancel with a £1,454 refund but then only gave me half. This was last July and I’ve been back and forth with them ever since. They’re saying the complaint is closed. What can I do?
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Money blog editor Jimmy Rice answers…
Thanks for writing in, Simon – I got a lot more details about your case from our correspondence.
This helped me have a back and forth with BA – but before I get to where that ended up, I want to go through your rights.
It’s worth saying that you are not alone in having problems with BA. A Facebook group titled “British Airways Complaints Advice” has nearly 41,000 members – read from that what you will.
Your ‘ace card’
I chatted to consumer rights expert Scott Dixon, AKA the Complaints Resolver, about your case – and he was impressed that you’d kept such meticulous notes. This is key when things go wrong.
As a starting point, if BA or another company in a similar scenario is unfairly refusing to engage, Dixon suggests you can submit a data subject access request to retrieve recorded phone calls as evidence of what BA promised.
“This is your ace card,” said Dixon – and it may lead to a resolution in your favour.
Refunds generally depend on the terms and conditions you agree to when purchasing something.
“BA say they sell some tickets at discounted fares which may be partly or completely non-refundable,” said Dixon. “You should choose the fare which best suits your needs and consider taking out travel insurance to cover instances where you might have to cancel your ticket.”
Regardless of the above, you may be entitled to a full refund in certain circumstances, such as:
- A serious illness or bereavement (proof may be required);
- If BA cancels the flight or makes a significant change to it.
Scott Dixon, also known as The Complaints Resolver
Promises made over the phone
When making telephone calls, Dixon says you should always note:
- The name of the person you spoke to;
- Date and time of calls;
- Summary of what was said;
- Request written confirmation of any promises given.
Don’t accept vouchers
This is one of Dixon’s bugbears.
“BA usually offers vouchers instead of cash to close complaints, which you do not have to accept,” he told me. “You are entitled to what you are owed and promised in cash.”
Alternative dispute resolution
If you disagree with an airline’s decision, you have the right to go to an ADR service to dispute it.
The main ADR schemes are Consumer Dispute Resolution Limited (AviationADR) and Centre for Effective Dispute Resolution (CEDR). BA subscribes to CEDR – so that’s where you’d go.
“I have found the ADR schemes to be very good with legitimate claims, and it’s clear that many airlines deliberately flout the law because they know most people won’t pursue it,” said Dixon.
How did you pay for it?
If you paid by credit card, you can submit a claim under S75 of the Consumer Credit Act 1974, which holds the credit card provider jointly liable for a breach of contract.
Read more:
‘My dog died and insurance company charged me’
Why some in Labour are arguing for a new tax
Should you get a Lifetime ISA?
Small claims court
If all else fails, you could take your case to the small claims court if it is in England, or follow the Simple Procedure in Scotland.
Dixon advises: “Before you file a claim, send screenshots of the draft court papers setting your case out and demanding a refund within seven days. Tell BA that if they fail to do so, you will lodge a claim in the small claims court.
“This may resolve the dispute. If it does not, you can proceed and file the small claim papers online.”
Pic: PA
What did British Airways do when we contacted them?
A few hours after we emailed the BA press office, Simon received an email suggesting his case was open again.
Neither we nor Simon then heard much for a week before he received £527.19 and a voucher worth £100.
Simon sent us this email: “This is still £100 less than the £727.19 but it’s better than nothing.
“Still no explanation or proper apology from our standard-bearer airline, but perhaps that’s too much to ask for.
“At least the refund is an acknowledgement that they were wrong and had effectively lied to me when they said the refund was in line with their policy. Without your intervention, I would have just been continually ignored.”
It really shouldn’t take an email from the media to sort these things out, but we are glad BA has now given Simon most of the money he was promised.
In a short statement, the airline said: “We’ve apologised to our customer and have been in touch to make things right.”
This feature is not intended as financial advice – the aim is to give an overview of the things you should think about. Submit your dilemma or consumer dispute via:
- WhatsApp here
- Or email moneyblog@sky.uk with the subject line “Money Problem”
