This is the second in a three part series on cancelled flight refunds during the Coronoavirus travel bans. In the first part, we provided you with the first steps to try before you spend time and energy you don't have to. If you haven’t tried these, we strongly suggest you check part 1 out here.

What to do if contacting the airline and travel agent doesn't work?

Write a letter of claim yourself

If the airline or the travel agent have ignored your requests or keep delaying without a clear reason, then you can send a formal letter of claim to the airline. You are entitled to compensation from the airline under EC Regulation 261/2004, and in theory the airline should refund you within 7 days of the date of your flight’s cancellation. During the Coronavirus travel bans, a lot of airlines are offering vouchers instead, which is not in line with EU legislation. Even if you have received a voucher, you may have the right to claim a full refund. The downside is that you’ll need to work out the correct laws that apply and draft a letter yourself.

Use an online disputes service

You can also use an online disputes service to write the letter for you. Online disputes services help draft emails or letters by using standard templates ensuring you reference the right EU provisions and reach out to the correct address. Some options are Resolver and flight-delayed.co.uk. One thing you will need to realise is these services are built for normal, non-Covid circumstances such as delays or the occasional flight cancellation. During Covid, many airlines and travel agents have changed their complaint procedures and have become fortresses!

Request a chargeback from your bank or credit card company

One option is to get your bank or credit card company involved. Under Section 75 legislation, if you’ve paid more than £100 for something that you haven’t received, your credit card company is liable.

The problem is, your bank or credit card company will only refund you if there has been a breach of contract. By some interpretations, it’s not clear if the airline or travel agent has breached their contract with you, and so some credit card companies aren’t taking responsibility. Even those that do, you can expect a lengthy process while they assess the merits of your claim.

Hire a solicitor to write a letter of claim or letter before action (LBA) on your behalf

The first step a solicitor would take is to understand the specifics of your case. They would likely then write a letter before action, which is part of pre-action protocol and offers the airline one last chance to refund you before legal proceedings commence. One significant thing about a letter before action (LBA) is that it must be written by a licensed solicitor. Engaging a solicitor to write an LBA on your behalf will let the airline know that you’re serious. A solicitor will also ensure that all the relevant legislation is referenced, which can protect you down the road, should you need to take the matter to a court to get your money back.

In the final part of our series, we’ll cover what to do if all else fails and you decide to take the airline or travel agent to court, and what to expect from the process.

If you’re sick of waiting and want a solicitor to start legal action on your behalf, you can get the case started in 5 minutes online. LawHive offers affordable, fixed fees through an online platform. Get your case started now.