Three years fighting BA for a refund: how to actually escalate

You've been emailing the airline since 2023. They've sent twelve apologies, three "this case is now closed" messages, and zero pounds. The polite back-and-forth phase is over. Time to stop sending angry emails and start using the actual escalation routes that force a response. Here's the proper sequence.

What the law says

Three legal frameworks underpin a stalled airline claim:

• UK261 (retained EC 261/2004) - your underlying right to compensation, refund, or rerouting
• The pre-action protocol for small claims - sets out what a "Letter Before Action" must contain before you issue court proceedings
• The 12-month ADR window - most aviation ADR schemes (CEDR for BA, AviationADR for Ryanair, easyJet, Wizz Air, Jet2 and others) require referral within 12 months of the airline's final response

The clock matters. Sit on it for too long and you lose ADR access. The court route stays open for six years (five in Scotland) under the Limitation Act 1980, but ADR is faster, free, and binding on the airline.

Step-by-step: how to escalate

1. Demand a final response.

If the airline keeps replying without resolving the case, write once more demanding their "final response" or "deadlock letter" within 14 days. Without a final response, ADR can't take the case.

2. Send a Letter Before Action (LBA).

This is a formal pre-court letter. It must state the facts, the legal basis, the amount claimed, a deadline (14 days is standard), and that court action will follow if unpaid. It's the moment most airlines either pay or stop ignoring you.

3. File with the relevant ADR scheme.

• CEDR - British Airways
• AviationADR - Ryanair, easyJet, Wizz Air, Jet2, TUI Airways, Loganair and most other UK-licensed carriers
• Both are free for consumers and binding on the airline if you accept the decision.

4. If ADR refuses or rules against you, file at Money Claim Online.

Court fees start at around £35 for claims up to £300, scaling up to £70 for claims up to £1,500. Most airline cases settle before hearing.

Letter Before Action snippet

LETTER BEFORE ACTION

>

Dear [AIRLINE],

>

Re: Booking [REF] - Flight [NUMBER] - [DATE]

>

On [DATE] flight [NUMBER] from [DEPARTURE] to [ARRIVAL] was [cancelled / delayed by X hours]. Under Article [5/6/7] of UK Regulation (EC) No 261/2004, I am entitled to £[AMOUNT] per passenger. To date you have not paid.

>

This letter is sent in accordance with the Pre-Action Protocol for Small Claims. I claim the sum of £[TOTAL], comprising:

>

- £[X] compensation under Article 7

• £[X] expenses under Article 9 (receipts attached)
• Statutory interest under section 69 of the County Courts Act 1984

>

Unless full payment is received within 14 days of this letter, I will issue a claim in the County Court without further notice. Court fees and interest will be added to the claim.

>

Yours faithfully,

[NAME] - [DATE]

If they say no

If the airline ignores the LBA, file at MCOL the day after the deadline expires. Don't drift. Once court proceedings are issued, the airline's legal team usually settles within weeks - it's cheaper for them than defending. If they defend, the case is allocated to the small claims track, which is informal, low-cost, and designed for litigants in person.

If you missed the 12-month ADR window, MCOL is your remaining route. Use our response deadline tool to keep your timeline tight, and check our ombudsman finder to confirm which scheme covers your airline.

FAQs

Can I claim interest?

Yes. 8% simple interest under section 69 of the County Courts Act 1984, calculated from the date the claim arose.

Will the airline counterclaim?

Almost never on a small UK261 claim. Courts treat the regulation as well-settled law.

What if the airline says I signed a settlement?

Go back and check what you signed. If they "closed" your case unilaterally without you accepting an offer, that's not a settlement. If you accepted a voucher knowing it was less than the legal amount, that's harder.

I claimed through a no-win-no-fee firm. Can I switch to claiming directly?

Read the firm's terms - some have clauses that bind you for a period. But you can usually withdraw and reclaim directly; the airline pays the same amount either way, so you keep more of it.

How long does MCOL actually take?

Default judgment can come within 6-8 weeks if the airline doesn't respond. Defended cases usually take 4-9 months to a hearing.

Do I need a solicitor?

No. Small claims track is designed for litigants in person, the procedure is informal, and the airline can't recover legal costs against you (other than the court fee). Most successful UK261 claimants run the case themselves.

The airline keeps switching the agent handling my case. What now?

That's a tactic. Reply once with a chronology and the LBA, then escalate. Don't restart the conversation each time a new name appears.

You're not asking for a favour. You're enforcing a regulation that already says you're owed the money. Stop emailing. Start escalating.