Airmiles/Avios Volcano cancellation refund!

A question about : Airmiles/Avios Volcano cancellation refund!

Originally posted this in Consumer Rights forum but had no response so thought it may fit better here. Please help if you can!

Back in April 2010 I booked a flight via airmiles to Norway which a few days later was cancelled because of the Icelandic volcano saga, I'm sure you all remember it well.

When the flight was cancelled I received lots of emails from British Airways telling me how to rebook or cancel but when I tried to do so over website/phone and even in person at Heathrow (I was there anyway!) I was told I couldn't do it through them I'd have to contact airmiles to sort out the problem...

So I tried a couple of times to contact airmiles but both times I called lines were so busy with people rebooking with messages saying try another time if it's not urgent. It wasn't urgent as my holiday had already been missed. Of course the website wouldn't help me either.

Fast forward the clock a bit and with life, moving house etc contacting airmiles was something that fell by the wayside. Also I had this assumption that maybe when something is cancelled you get a refund...

So life calmed down and I finally got round to contacting airmiles, now avios and was told I couldn't get a refund because a year had passed and British Airways only kept details on record for a year.

Of course while I'm stupid for leaving it so long I'm pretty angry that...
a. I paid for something and got nothing (and of course missed out on my mini break)
b. I made an effort to get a refund despite misleading instructions
c. Avios/Airmiles pass the blame to British Airways (who I wasn't able to get to help me as I had to deal with airmiles)
d. The customer service people have only argued back (I've always been polite) and not made any effort to keep me happy, not even the slightest sign of a goodwill gesture.
e. The airmiles terms and conditions which are at https://www.avios.com/about-us/airmil...and-conditions make no mention of a time limit for a refund

I'm not sure if anyone has any suggestions on what I can do next, how I may be able to get some satisfaction or if there is a way of escalating this further but right now I feel that Michelle Oldfield
Customer Relations who is the person currently writing to me is a stone wall that will not break down!

Any tips greatly appreciated...

Best answers:

• You have up to 6 years to take a claim to Small Claims Court (not joking, it could come down to that).
  But first I would instigate their 'formal complaints procedure'. Ask for a copy of it and follow it. If they are considered a 'broker' then they may have to answer to the Financial Services Ombudsman (you will be able to tell from their complaints procedure leaflet as it will state the levels of referral).
  Put it all in writing and do it now, headed up 'formal complaint' and addressed to the CEO (Google it to find a top name).
  Keep copies, keep a file. If no reply then follow up and exhaust their complaints procedure before either turning to the FSO (if applicable) or the Small Claims Court.
  I have just got an FSO-led settlement from my travel insurer this month, nearly 2 years after the ash cloud (although I did complain straight away).
  And I am currently using a free solicitor paid for by my house insurance policy to sue the airline who left us stranded without any food/drink/place to stay/advice of rights. And that is also dragging on so there are lots of cases still rumbling on after this debacle - don't let them tell you it's too late (although you would need to explain to the FSO or judge why the delay at first).
• I'm so happy to see your great responses which have given me both a little hope and a little kick to get going.
  Can I just ask advice/clarification that my next step should be through British Airways rather than Airmiles/Avios?
  Many thanks again
• Good advice Centipede.
  I was thinking about the Avios side of things really, as they are the ones who the OP has contacted and they've said 'too late, tough' which is wrong.
  As I read it from the first post, BA had tried to make the choices available to the passenger ''I received lots of emails from British Airways telling me how to rebook or cancel''...but then the passenger didn't...for nearly 2 years...
  But you are right, BA still have to adhere to the regs and a Letter Before Action direct to them should elicit a response and open the issue up again.
• Thanks both, will update when I get any news.
  It's very annoying when you get two parties and each blames the other.
• Just a mini update... having written to them as advised I got a letter back 36 days letter from customer relations apologising for the delay in writing asking me for a copy of my booking so they can look into it (I did include all the references, booking numbers and times in the original letter). I printed off all my receipt emails from Airmiles and cancellation emails from Airmiles and sent them off and am hoping I get a positive reply soon...
• Go for a letter before action and then a small claim if necessary, as Centipede100 said.
  I just got a payout from Monarch after over 2 years from the Ash Cloud debacle.
  Truth be told though, they ignored my NBA and treated it like an appeal letter last year - their reply was dismissive and offered much less than I knew I could claim. I would have followed their reply straight up with a Court claim but I knew my house insurance had legal cover - so I handed it over to a nominated (free) solicitor and let them have all the info.
  One letter from my Solicitor was all it took in the end. So if you don't have legal cover on a Bank Account, card or insurance policy (check them!!) then just do it yourself with a very clear, concise Notice Before Action. Google the term and read examples like on the YouGov or Which? website or, of course, on here.
  If you end up filing a claim, Google for info about Small Claims too. I read up on all of it just in case my solicitor had been unprepared to continue the case. It didn't look too difficult especially with some help I would have asked for on here, EU law and cases to cite etc.
  But as soon as my solicitors referred the facts to their Litigation Dept I got a 'yes' as they felt the case was very likely to succeed. So is yours, but you have to move forward with it and you may have to go to Small Claims, do not be put off.
• Thanks for continued advice - I had sent the NBA and yes I've been too nice and patient but that will change as they just sent their latest response telling me to contact Avios for a refund despite my carefully worded NBA letter explaining that Avios wouldn't issue a refund and that they as the carrier were responsible...
  unfortunately it looks like small claims will have to be next step
• Any advice on how I work out the value of the flight for small claims court as it was paid for in points?
• Took a while but BA have responded by crediting me the equivalent airmiles and sending a cheque for ~Ј50 compensation which includes the Ј25 court cost - it also came with a long letter explaining why I couldn't win more in court (in their opinion).
  Not overly generous or an example of great customer service but I think I'll accept as it's all that I wanted in the first place.
  Thanks to those that have offered advice here. Much appreciated.
• That's good news!