Airways LHR - WAW 18-12-2010 cancelled

[boloney]

Dear all.

I have an issue with BA about canceled flight BA0846 on 18 December 2010.

This was going for over a year now, at first I tried claim compensation and out of pocket expenses (cab fares, and extra money which I paid for new ticket with another airline) via BA website - unsuccessful.

My next step was Air Users Council, they tried at least get BA to pay cab fares to and from airport, BA refused to cover even that.

So right now I`m going through Small Claims court.

Filled claim on-line, I did make some mistakes, at first I`m the only claimant, there was my wife and my child traveling with me, but BA solicitors ( DLA PIPER ) in defence state as follow:

`The claimant is the only person named in the claim form an normally should be the only person entitled to recover in relation to the same in the absence of any claim which the claimants wife may wish to issue against the defendant arising out of the same set of facts.Additionally, the claimant also seeks to recover compenstation in relation to his infant daughter. BA will not oppose any application by the claimant to amend his claim form in order to join his wife and daughter into proceedings as co-claimant.`

What should be my next step according to this?

Secondly because I was filling form on-line there is not a lot space claimant can use to explain, can I do it now and send it with `Allocation questionnaire`? Will judge take it into consideration?

 

 

Ok now some facts.

Flight was scheduled at 8.15 a.m, BA notified me by text at 6.47 a.m about cancellation , we were about to drop luggages.

I tried to contact them by phone about 8-10 time but was unsuccessful so we decided to go back home and book another tickets with Ryanair for Monday.

Ba in defence states:

`It is admitted that early on 18 December 2010, BA and LHR airport authority BAA, were notified by the Met Office of forecasted cold weather and expected snowfall which would impact operations at LHR. The cold weather heavily reduced capacity at LHR and effectively closed the airport at 13.50 hours. A total of 83% of flights were cancelled on both 18 and 19 December 2010 as the cold weather conditions continued.`

`BA were unable to operate the flight due to the disruption caused by the weather conditions at LHR with the result that there was no flight crew available to operate the flight due to pilots being delayed on their inbound flights to LHR.`

At this time there was no snow at all at the airport, some flights were cancelled but some not, so how can they use the weather at LHR as a defence?

Is unknown where pilots got stuck, I can imagine they had to stay in Warsaw because one of the BA flights been cancelled day before.

Also BA failed to refund money for tickets as required by regulation they should do so in seven days, they refundet on 12 January claiming that was done ASAP.

 

If someone can help that will make me happy I would like to win at least part of the claim, any chances?

I have until 02 April to return `Allocation questionnaire`.

[AndyOrch]

Hi Boloney, Honeybee13 as asked I look in on you.

 

With regards to adding your Wife and Daughter as claimants you need to make application vis a vis N244 and quote you seek to amend the claimants names as xxx xxx xxx (3 Claimants ) pursuent to CPR 19

Practice Direction 19A - Addition and Substitution of Parties http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part19a

 

You can state additional information within the AQ (N149) in the " other " section to assist your claim.

 

Regards

 

Andy

[boloney]

Hi Boloney, Honeybee13 as asked I look in on you.

 

With regards to adding your Wife and Daughter as claimants you need to make application vis a vis N244 and quote you seek to amend the claimants names as xxx xxx xxx (3 Claimants ) pursuent to CPR 19

Practice Direction 19A - Addition and Substitution of Parties http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part19a

 

You can state additional information within the AQ (N149) in the " other " section to assist your claim.

 

Regards

 

Andy

thanks Andy.

Can I state additional information later? Or sending AQ is the last paperwork I will be sending to them?

 

Regards

[AndyOrch]

Yes you can expand further in your Witness Statement that both parties will exchange simutainiously.

 

Regards

 

Andy

[boloney]

Yes you can expand further in your Witness Statement that both parties will exchange simutainiously.

 

Regards

 

Andy

When will be time for this?

And also what about this (3) the signed, written consent of the new claimant to be so added or substituted.

My daughter is 18 months so she can't Sing it. Should I do it, my wife or both of us?

 

Regards

[AndyOrch]

With your AQ there should be a Notice of Allocation with directions on when what etc.Yes just you and your wife will be claimants.

 

Andy

[steven4064]

I looked in as the thread was flagged but Andy seems to have it all covered

[boloney]

With your AQ there should be a Notice of Allocation with directions on when what etc.Yes just you and your wife will be claimants.

 

Andy

I have't got anything like that, only notice of allocation and AQ. So should I post AQ and worry about ws later or should I post it with AQ?

Thanks

[AndyOrch]

The Notice of Allocation, which you state you have, should have further directions, timetable dates, when to submit your WS when to disclose etc.you are only completing your AQ for now.

 

Andy

[boloney]

The Notice of Allocation, which you state you have, should have further directions, timetable dates, when to submit your WS when to disclose etc.you are only completing your AQ for now.

 

Andy

Just checked again and all what I Have is information where to send it, where hearing will take place and copy of defence.

[AndyOrch]

Apologies boloney the court will issue the Notice of Allocation (N153) on receipt of your completed AQ.This will give you further detail on how the case will proceed and what track and when to submit your WS.

So just complete the AQ and return it on time .

 

Andy

[boloney]

Apologies boloney the court will issue the Notice of Allocation (N153) on receipt of your completed AQ.This will give you further detail on how the case will proceed and what track and when to submit your WS.

So just complete the AQ and return it on time .

 

Andy

Thanks Andy

I was wondering if I lost something

[boloney]

Just Realized that I can't find mini cab receipts.

Any point going to Small claims court?

British Airways must Have copy of them in records but not me.

Can I request copy from British Airways?

[honeybee13]

Hello again.

 

Is there any chance the minicab company will help you with receipts, do you think? I can't remember if you know them or not, but I've managed to get our local minicab people to do new receipts for me.

 

My best, HB

[boloney]

Hello again.

 

Is there any chance the minicab company will help you with receipts, do you think? I can't remember if you know them or not, but I've managed to get our local minicab people to do new receipts for me.

 

My best, HB

I did speak with them today, but they don't keep records for that long and they can't issue copy of the receipts without checking on the system.

one more question when I will Have to pay more money for hearing, etc. Will that happen after I submit witness statement or before?

Just hoping that ba my try settle the case.

[honeybee13]

Hello again. That's a shame about the receipts.

 

You need Andy to look in and answer your questions, he's the guru. If he doesn't arrive today, I would think he'd be here tomorrow.

 

HB

[boloney]

Hello again. That's a shame about the receipts.

 

You need Andy to look in and answer your questions, he's the guru. If he doesn't arrive today, I would think he'd be here tomorrow.

 

HB

I will wait for him.

Thanks for help

[AndyOrch]

I did speak with them today, but they don't keep records for that long and they can't issue copy of the receipts without checking on the system.

one more question when I will Have to pay more money for hearing, etc. Will that happen after I submit witness statement or before?

Just hoping that ba my try settle the case.

 

Hi Boloney,

 

You make payment with your application, you only complete Witness Statements after allocation.

 

Regards

 

Andy

[boloney]

Hi Boloney,

 

You make payment with your application, you only complete Witness Statements after allocation.

 

Regards

 

Andy

hi Andy

I paid 60 GBP, is that all or I will Have to pay extra for hearing, etc?

Regards

[AndyOrch]

hi Andy

I paid 60 GBP, is that all or I will Have to pay extra for hearing, etc?

Regards

 

Court summons fee, AQ fee and N244 application fee, assuming you win you claim these costs from the defendant/s.

 

Andy

[boloney]

Hi again. Just got letter from BA lawyers offering me £85 for cab fares, £60 court fee and £165 in BA vouchers for settlement.

Should I bargain with them?

As you know I Lost cab receipts, so now is pointless going to court really.

Anyone has any experience with simular case, any chances get some more from BA?

Thanks for any advice.

[assisted blonde]

If you are going to use BA again then not a bad deal, they have refunded your ticket price, paid for the Cabs and court costs and offered a voucher, depends if you just want this to drag on I suppose. I would say as long as you are no longer out of pocket accept their offer.

 

You could try asking for more but if they refuse and you go to court you might get less, pound notes to aggro ratio, is it worth it.?

[AndyOrch]

If you are going to use BA again then not a bad deal, they have refunded your ticket price, paid for the Cabs and court costs and offered a voucher, depends if you just want this to drag on I suppose. I would say as long as you are no longer out of pocket accept their offer.

 

You could try asking for more but if they refuse and you go to court you might get less, pound notes to aggro ratio, is it worth it.?

 

I must concur with AB.

 

Andy

[boloney]

If you are going to use BA again then not a bad deal, they have refunded your ticket price, paid for the Cabs and court costs and offered a voucher, depends if you just want this to drag on I suppose. I would say as long as you are no longer out of pocket accept their offer.

 

You could try asking for more but if they refuse and you go to court you might get less, pound notes to aggro ratio, is it worth it.?

Case is if I accept the voucher at the end of the day that will cost me more money I will Have to buy ticket for my wife and two kids

They don't really suit me to Poland where I may fly again because BA destination is far from krakow.

Court case is risky due to lack of cab receipts.

I think at the moment this is the only solution.

Thanks for you help.

Andy thanks for your help as Well.

[boloney]

Hi again.

What do you think if I replay to BA asking for £165 cash instead of the voucher, or £300 in the voucher.

Any chance they will accept this offer, anyone had previous experience settling case with BA?