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Ash
Ash, Solicitor
Category: Immigration Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I would like your opinion on seeking an Ombudsman to help

Customer Question

I would like your opinion on seeking an Ombudsman to help resolve the deadlock between British Airlines and ourselves. I have included a recent letter that summarizes the case we would like to take further. Now the letter (more correspondence available)! CarlXXX3690 XXXX, B.C. V6N 2L1 (604) XXXX(604) XXXX(cellular) e-mail:***@******.*** July 23, 2015 Ms. Lisa XXX Claims Adjuster/Insurance, BA Claims British Airways, PO BOXXX, London, EC3P 3DG Dear Ms. XXX Your Ref: XXX– YVR/LHR – 28 September 2014 Mrs. Barbara Brandes I am writing with regard to your letter of July 17, 2015 where you have proposed to finally resolve this settlement with an e-voucher for USD $3,000. However, I had written to you on June 23, 2015 requesting an “e-voucher” for CAD $14,000, the cash equivalent value of 2 Club Class tickets, which would resolve this complaint. In addition, I asked if BA had an in-house Ombudsman this claim could be referred to if we failed to reach this metric. However, your attempts to resolve the settlement so far have not been satisfactory and we believe you are claiming that there is nothing more you can do to help us. We feel that we have reached a deadlock situation and, therefore, we are left with no alternative but to seek other adjudication methods. For the record, we would like to summarize the events that lead up to this claim as follows: Last September, we planned a trip to Europe, the airline travel covered by 2 return Club Class tickets purchased with 200,000 BA reward points and $2700 in fees and taxes. On the first hour of our outward journey to London, my wife released the leg rest in front of her seat and received a traumatic injury when the leg rest slammed into her shin, severely stripping the skin and flesh away with a grapefruit sized gouge. Blood, skin, and flesh particles were in abundance. Medical treatment aboard temporarily stopped the bleeding until we could reach London. After my wife and the volunteer Doctor, who was fortunately aboard, agreed that although diverting the plane to land immediately and receive more treatment was an option, my wife made a decision she could handle the pain until we landed in London. Afterwards, we noticed that no warning posting or use instructions were labeled on the leg rest to inform passengers of the potential for the leg rest to drop precipitously once released. We observed there was no spring loaded mechanism included in the manufacture of the leg rest that would arrest or temper and slow the free fall of the heavy metal leg rest. In London, my wife was treated at a private clinic, but was warned she would have difficulty walking and therefore flying onward to our remaining destinations, or even back home, right away would be a definite health risk. As a result, we cancelled our remaining trip to Belgium and Spain and instead stayed with our son in Cobham, England obtaining treatment for the wound at the local health clinic 2-3 times a week. Unfortunately the wound did become infected but once this was treated and cured, it was agreed we could then safely return home. We have provided BA with a photographic record of the injury and subsequent recovery over time. We contacted BA about the accident while in London and filed an incident report, then, once we received approval by our medical team, we asked BA if we could utilize our return tickets to transfer home earlier. BA refused to allow our tickets to be changed whereupon we were forced to arrange another flight with Air Canada to return home at additional expense. The cash equivalent value of these additional tickets were CAD $5556. Once my wife’s leg had completely healed with further weekly treatment visits to her own doctor over a period of four months, we engaged in discussions with BA that we would settle this claim for just a return Club Class voucher so we could rebook our ‘lost’ vacation. We have repeatedly stated that we would not seek additional damages for the pain and suffering for the trauma to my wife’s leg if we were made whole by being able to travel our original vacation plan. In their proposed settlement, BA does not seem to accept or recognize any benefit to their selves for the cost avoidance we ensured by NOT diverting the plane for my wife to be taken off the flight for Emergency treatment, nor has it been recognized that we subsequently had to make our own way back to Canada losing one half of the value of our original BA flight. In addition to the entire ‘lost’ vacation, we lost half our flight value that BA had caused in refusing our use of our original tickets for the return trip home, the result of this action causing us additional expense. Nor does this current offer recognize the reason we missed our trip was possibly due to faulty design or mislabeled equipment aboard. To date, after many back and forth letters trying to com

Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?

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