The Times - UK (2022-06-11)

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the times | Saturday June 11 2022 57


Money


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Pages 62-63


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A


s a member of the European
parliament for ten years,
Philip Bushill-Matthews is
well aware of his rights
when he flies abroad. But
even he has become so despairing of
the airlines’ failure to stick to the
regulations that he has decided to take
legal action.
Bushill-Matthews, 79, a Conservative
MEP from 1999 to 2009, has resorted to
the small claims court to recoup more
than £638 after his trip from Birming-
ham to Tenerife was cancelled and he
found it impossible to get hold of


Ryanair. “I applied for a full refund and
got an automated acknowledgement
that day. But since then nothing,” he
said. “I decided to sue when I sent a final
email demanding my refund, but was
ignored.”
Bushill-Matthews, from Leamington
Spa, filled in an online claim form on
June 3 and is now encouraging others
affected by the latest flight chaos to
stand up to an industry that he says is
flouting the rules.

0 What are the rules?
Airlines flying from or to Britain are
governed by EU regulation EC261,
which was transferred to British law
after Brexit. It says that your airline
must offer you a full refund or an alter-
native flight as soon as possible if it
cancels your trip. This alternative flight
could be with another carrier if it gets
you there faster.
The aviation data analysts Cirium
said that 750 departures from the UK
were cancelled between May 27 and
June 7, containing a total of 122,417
seats. Some 70,916 tourists may have
been stuck at their destinations after
466 inbound departures were can-
celled. Airlines that cancelled flights in-
clude Ryanair, easyJet, British Airways
and Tui.
Travellers have said airlines have
been impossible to reach on the phone
or even by email to arrange refunds or
new trips.
Lisa Webb, a lawyer at the consumer

group Which?, said: “It’s an absolute
shambles. Many airlines are making it
almost impossible to reach them in the
first place. Then there is a systematic
failure to offer rerouting with alter-
native carriers, which is what the law
clearly and specifically says they should
do. Many passengers are unaware that
they have a right to ask for this.”

0 The court as a last resort
If you have absolutely no joy getting
through to your airline, you may have
to go through the small claims system.
Lawyers are expecting a surge in
small claims cases after last week’s trav-
el chaos, but the first step should always

final quarter of 2021 show that the aver-
age time taken for small claims to get to
court was 51.4 weeks — 14.3 weeks
longer than in 2019.
The court fees on claims for up to
£300 are £35; claims of up to £500 cost
£50; and anything between £500 and
£1,000 costs £70. If you are owed
between £1,000 and £1,500 the fee is
£80.
Ryanair wrote to Bushill-Matthews
24 hours after the airline was contacted
by The Times. It apologised for the
delay and promised a refund. Bushill-
Matthews, however, says he intends to
continue his case because Ryanair has
forgotten to cover his baggage.

First the


flight delay,


now the


fightback


Airlines have to offer you a refund or another


route if they cancel your trip. Here’s what you


should do if they don’t, says David Byers


Even the bank that bet big on branches has started closing them


M


etro Bank will close premises
for the first time next week but
has insisted it isn’t walking
away from its branch-first strategy.
Three branches will close on Friday
in Earls Court, west London, Milton
Keynes and Windsor. Metro Bank said
all three had other branches nearby.
In February Metro said: “The loca-
tion of Earls Court – on the busy A4 into
central London – was chosen due to the
high level of traffic going past, and was
an ideal location to publicise the launch
of Metro Bank. It was perfect for raising


the bank’s visibility, but has proven to
be too far away from retail areas and
pedestrian routes, which has meant
Earls Court has consistently been one
of our quietest.”
Last month the bank said it had not
had any feedback from the local
community about its plan to close the
Earls Court branch. It was only in
Windsor that “some customers were
upset we are closing and leaving the
high street”.
Metro Bank was founded by the
American banker Vernon Hill in July

2010, and made a big play of opening
big, bright, colourful branches, which it
called “stores”, that would be open for
long hours seven days a week and al-
lowed dogs.
The first “store” was in Holborn, cen-
tral London, and Hill said there would
be 200 in London alone by 2020, at a
time when other high street banks were
closing branches and developing online
and mobile banking services instead.
By the end of this year it is expected
that a total of 4,976 bank branches
will have closed since January 2015,

according to the consumer group
Which? — 52 a month.
Metro insists it is not going the same
way, but it has scaled back its opening
ambitions and from Friday will have
only 76 branches. The chief executive,
Dan Frumkin, took over in 2020 after
an accounting scandal that led to the
departure of Hill as chairman and the
former chief executive Craig Donald-
son. Frumkin said the branches were
“too large” and “not efficient”.
Metro Bank is still not profitable. Its
pre-tax losses were £245.1 million last

year, down from £311.4 million in 2020.
It has, however, been consistently
named one of the best banks for cus-
tomer service by its more than two mil-
lion customers. Rankings published
twice a year by the Competition and
Markets Authority have put it as the
fourth best bank since August 2020.
Metro Bank said: “There are alter-
native stores in each location and we
are pleased to avoid job losses by offer-
ing colleagues employment at other
stores or customer contact centres.”
George Nixon

J


aeeun Mott, a
paediatric healthcare
assistant who lives in
London, had not seen her
mother, who is in South
Korea, for three years
because of the pandemic.
She planned to meet
her in the Spanish city of

Bilbao to walk the
Santiago de Compostela
pilgrimage in memory of
a great uncle who had
died. Mott, 31, and her
son Alfie, nine, arrived at
Gatwick airport two and
a half hours early for
their Vueling flight on
May 30 and found chaos
at the check-in.
“The queue was
enormous and it didn’t
move, and there was no
one to speak to, it was
absolutely mad,” she said.
“Vueling didn’t seem to
have any staff. Only one
person was processing
the check-ins for
seemingly every flight
leaving the airport.”
Alfie, who is autistic,
“does not cope well with
uncertainty, or with loud
noises or crowded spaces,
and he was trying so hard
not to have a meltdown,
but he ended up lying on
the floor crying.”
When their flight left
without them, Jaeeun
tried to find someone to
ask what would happen
next. She said she was
told to call the airline or
talk to a chatbot.
Vueling offered to
refund the outgoing flight
but not the return, on
June 4, which was not
cancelled — even though
Mott and Alfie had not
been able to leave the
UK. After The Times got
in touch with Vueling it
said it would refund the
family in full.

‘Our son was on


the floor of the


airport crying’


Jaeeun and Jamie Mott
with Alfie, who struggled
with the chaos at Gatwick

How to claim in court


6 To claim in the small claims court
your loss needs to be under
£10,000 in England and Wales,
under £5,000 in Scotland or
£3,000 in Northern Ireland.

6 You can claim through gov.uk by
filling in a form if your flight either
departed from or arrived into the
UK or was operated by a UK airline.

6 There will be a question about
the basis for your claim, so write
that you are making it under the
terms of the EC261 legislation. Give
details of your flight and the
amount of money you are seeking
to get back.

be to request a refund or alternative
flight from your airline.
If you cannot get help, use the air-
line’s alternative dispute resolution
service, which should be run by an
independent arbitrator. In the case of
easyJet and Ryanair, this is run by an
organisation called Aviation ADR.
Small claims court claims can be
slow. Ministry of Justice figures for the

51 weeks
average time for a small
claim to get to court
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