*EasyJet, Ryanair, Tui and Wizz Air have had thousands of rulings against them, with many Wizz Air claims needing to be enforced by bailiffs*
Four of the biggest airlines have been told to pay out more than £4.5m in ‘outstanding’ court judgments between them, with Wizz Air accounting for almost half of that figure.
A High Court enforcement officer told us that his firm is ‘doing very well out of Wizz Air’, with dozens of visits to the airline’s Luton Airport office to enforce writs for failure to pay passengers’ refunds, expenses and compensation.
Wizz Air alone still has 1,601 ‘outstanding’ county court judgments according to official records – adding up to a total of £2,166,044.
EasyJet has 884 ‘outstanding’ judgments, amounting to £611,436, Ryanair has 840 worth £549,892, and Tui has 313 worth £1,261,897.
Which? Recommended Provider Jet2, in contrast, has just four ‘outstanding’ judgments.
**Airlines ‘outstanding’ county court claims**
EasyJet told us that none of the court judgments listed as outstanding are unpaid. Wizz Air said that it has settled 400 outstanding county court judgments since December. It added that third-party records aren’t up to date and it’s trying to get the official record updated to reflect its progress on the claims.
We put the figures to the other airlines but they didn’t respond to a request for comment.
Trust Online, the official register of court judgments, told us that: ‘Even when a judgment is paid, the judgment will continue to show as ‘unsatisfied’ until the court records are updated.’ But it said that it was the defendant’s responsibility to update the court when payments are made.
**County court judgments by airline**
Airline ‘Outstanding’ county court judgments Money owed
Wizz Air 1,601 £2,166,044
easyJet 884 £611,436
Ryanair 840 £549,892
Tui Airways 313 £1,261,897
British Airways 82 £96,042
Jet2 4 £1,434
Figures are for county court judgments that are still listed as ‘outstanding’ – ie there is not yet any record of them having been paid – on Registry Trust – the official register of judgments.
**Wizz Air flight cancellation misery**
One Wizz Air passenger, Russell Quirk, had the start of his family holiday ruined when Wizz Air cancelled his flight to Portugal without explanation, three hours before departure.
Although Wizz Air had a legal obligation to reroute him as soon as possible it suggested that he book himself onto a new flight and promised to refund him. A last-minute British Airways flight for his family of five cost £2,500 and he incurred numerous other expenses.
He waited weeks for Wizz Air to finally refund him and had to chase the compensation he was owed. Months later, he still hadn’t been reimbursed for his expenses.
Wizz Air didn’t even respond to the case he brought through the small claims court – Money Claims Online. He was awarded a judgment by default but still didn’t get his money. In October he had to instruct court bailiffs, who visited Wizz Air at Luton Airport. The airline was finally forced to pay him more than £4,500, including costs, in December – seven months after his original flight.
Russell, a property expert, told Which? Travel: ‘I feel like their attitude is “if we stonewall customers for long enough, they’ll give up”. But I wasn’t going to give up.’
**Dispute resolution scheme fails to save passengers from courts**
Nobody should have to fight their airline in court for a refund, expenses or compensation. EasyJet, Ryanair, Tui and Wizz Air are all members of the dispute resolution scheme AviationADR.
AviationADR is a free adjudication scheme authorised by the Civil Aviation Authority (CAA), and its rulings are binding on the airlines. However, Russell says Wizz Air didn’t mention the scheme to him.
Which? Travel has criticised AviationADR on many occasions since it began life as The Retail Ombudsman in 2016.
**AviationADR fails Wizz Air passenger**
One passenger, who took his claim to AviationADR, regrets not going straight to court.
Mattia Zenere was told by staff his Wizz Air flight was cancelled when he got to the departure gate. He didn’t receive any further explanation, but ended up booking a night in a hotel and a new flight from another airport, costing almost £800.
When Wizz Air didn’t refund him or pay his expenses, he escalated his claim to AviationADR.
AviationADR initially ruled that he should get a refund for the flight, but not his expenses. He queried this twice, only to receive a ‘final determination’ saying he was entitled to nothing – as the flight had never officially been cancelled. It then closed his case and stopped responding to his emails.
AviationADR acknowledged that Mattia’s experience hadn’t been positive, but claimed that it had made the correct decision in the end.
However, we’ve seen an email from Wizz Air to another passenger, booked on exactly the same flight, saying that it was cancelled and confirming his refund.
Wizz Air said: ‘We are sorry that Mr Zenere’s flight was delayed and regret the inconvenience this caused him. We participated willingly in the independent AviationADR process initiated by Mr Zenere and run by the regulator, and will abide with its decision.’
We have asked Wizz Air why it told some passengers that the flight was delayed and others that it was cancelled. It says that it is looking into this.
**AviationADR members still clogging up courts**
The CAA introduced dispute resolution in 2016 to save passengers from having to take expensive, time-consuming court action.
AviationADR quickly became the airlines’ favoured supplier of adjudication services, with the majority of UK carriers joining its scheme.
British Airways is a member of an alternative scheme, CEDR. Jet2 isn’t a member of any adjudication scheme; its customers have to escalate complaints to the CAA itself.
In December 2018, the CAA released a statement praising AviationADR and saying it was ‘very disappointed’ that Jet2 had not joined the scheme. However, Jet2 has received a fraction of the number of county court judgments compared with airlines that are members of AviationADR.
**What to do if your flight is cancelled or severely delayed**
Under EU laws (retained in British law) passengers are still entitled to refunds, expenses – and compensation in many cases – if flights are cancelled or severely delayed.
You can see more details here on your rights during flight disruption.
If the airline hasn’t responded to a legitimate claim – or has turned it down – you can take your case to an adjudication service such as AviationADR or CEDR if the airline is a member. AviationADR is free, and CEDR charges £25 if your case is not upheld. If the airline isn’t a member of an adjudication scheme, you can take complaints to the CAA.
If you don’t think that the adjudicator made the right judgment, there’s nothing to stop you using the government’s Money Claims Online service to take the airline to court.
Surely if a company can’t pay its debts one should be able to post a wind up petition?
When business can’t pay you back even mentioning this that you are going to do it gets the money magically appear in your bank account.
Maybe because people don’t fancy spending £3k for the petition cost…
>Wizz Air alone still has 1,601 ‘outstanding’ county court judgments according to official records – adding up to a total of £2,166,044.
What the actual fuck. I was in some real financial trouble many years ago and acquired *one* CCJ, to the water company for about £120. That completely fucked my credit rating for the next 6 years, I was unable to access credit or decent bank accounts. 1601 CCJs and they’re just allowed to operate as normal?!
Useful bit of advertising for Jet2. They deserve it tbf, they are a decent company
Give them the option to repay or the option to have their planes and senior staff passports impounded until they repay.
LOL at the idea of the likes of Wizz or Ryanair – or any of them – being forced to cough up. They’ll just drag it through the courts for the next hundred years and any laughable bailiff attempt will be met by some very ugly physical security. So good luck trying to get ANYTHING out of them. And don’t try anything yourself; remember this is Britain, not a proper country, and they know where you live.
Do not fly with WizzAir please. They are total scum.
I’d say people should avoid these companies at all costs, however people prefer cheap flights too much to bother doing so. It means these companies are happy to offer poor customer service because they know people will always flock back to them in droves every summer.
I recommend anyone who has had issues with Wizz to raise a complaint/claim through aviationadr.org.uk/
Last year my flight was cancelled 2.5 hours before take off. I was told by staff the next flight wasn’t for 3 days (pointless for a 6 day break) but that if I wanted to book with another airline I could and would be refunded. After the holiday I tried to claim a refund and at first Wizz refused to refund anything other than my outgoing flight (£70, and the agent MyTrip really took the **** by then charging me £30 admin fee to transfer me the money). They also ignored my GDPR requests for a recording of the conversation that I had a reference number for.
I went through ADR which took months, but eventually I got a refund for the original outgoing Wizz flight, a refund for the new flight I had purchased, plus €400 compensation for the cancellation because it was over 1,500km flight.
I think you are usually only entitled to a new flight refund or compensation and not both but I got lucky. I don’t think I’d have gotten anything if it weren’t for going through ADR and Wizz tried to dispute the original claim at first but ADR went back to them a second time to argue on my behalf.
The lesson I learned was not to use Wizz and to book directly with the airline you’re flying with.
A simple amendment to UK261 stipulating that failure to pay a judgement obtained in relation to a UK261 claim within 14 days will result in the immediate suspension of the airlines Operating License for UK based carriers and in the case of foreign airlines the Foreign Carrier Permit would solve the problem
10 comments
Article contents:
*EasyJet, Ryanair, Tui and Wizz Air have had thousands of rulings against them, with many Wizz Air claims needing to be enforced by bailiffs*
Four of the biggest airlines have been told to pay out more than £4.5m in ‘outstanding’ court judgments between them, with Wizz Air accounting for almost half of that figure.
A High Court enforcement officer told us that his firm is ‘doing very well out of Wizz Air’, with dozens of visits to the airline’s Luton Airport office to enforce writs for failure to pay passengers’ refunds, expenses and compensation.
Wizz Air alone still has 1,601 ‘outstanding’ county court judgments according to official records – adding up to a total of £2,166,044.
EasyJet has 884 ‘outstanding’ judgments, amounting to £611,436, Ryanair has 840 worth £549,892, and Tui has 313 worth £1,261,897.
Which? Recommended Provider Jet2, in contrast, has just four ‘outstanding’ judgments.
**Airlines ‘outstanding’ county court claims**
EasyJet told us that none of the court judgments listed as outstanding are unpaid. Wizz Air said that it has settled 400 outstanding county court judgments since December. It added that third-party records aren’t up to date and it’s trying to get the official record updated to reflect its progress on the claims.
We put the figures to the other airlines but they didn’t respond to a request for comment.
Trust Online, the official register of court judgments, told us that: ‘Even when a judgment is paid, the judgment will continue to show as ‘unsatisfied’ until the court records are updated.’ But it said that it was the defendant’s responsibility to update the court when payments are made.
**County court judgments by airline**
Airline ‘Outstanding’ county court judgments Money owed
Wizz Air 1,601 £2,166,044
easyJet 884 £611,436
Ryanair 840 £549,892
Tui Airways 313 £1,261,897
British Airways 82 £96,042
Jet2 4 £1,434
Figures are for county court judgments that are still listed as ‘outstanding’ – ie there is not yet any record of them having been paid – on Registry Trust – the official register of judgments.
**Wizz Air flight cancellation misery**
One Wizz Air passenger, Russell Quirk, had the start of his family holiday ruined when Wizz Air cancelled his flight to Portugal without explanation, three hours before departure.
Although Wizz Air had a legal obligation to reroute him as soon as possible it suggested that he book himself onto a new flight and promised to refund him. A last-minute British Airways flight for his family of five cost £2,500 and he incurred numerous other expenses.
He waited weeks for Wizz Air to finally refund him and had to chase the compensation he was owed. Months later, he still hadn’t been reimbursed for his expenses.
Wizz Air didn’t even respond to the case he brought through the small claims court – Money Claims Online. He was awarded a judgment by default but still didn’t get his money. In October he had to instruct court bailiffs, who visited Wizz Air at Luton Airport. The airline was finally forced to pay him more than £4,500, including costs, in December – seven months after his original flight.
Russell, a property expert, told Which? Travel: ‘I feel like their attitude is “if we stonewall customers for long enough, they’ll give up”. But I wasn’t going to give up.’
**Dispute resolution scheme fails to save passengers from courts**
Nobody should have to fight their airline in court for a refund, expenses or compensation. EasyJet, Ryanair, Tui and Wizz Air are all members of the dispute resolution scheme AviationADR.
AviationADR is a free adjudication scheme authorised by the Civil Aviation Authority (CAA), and its rulings are binding on the airlines. However, Russell says Wizz Air didn’t mention the scheme to him.
Which? Travel has criticised AviationADR on many occasions since it began life as The Retail Ombudsman in 2016.
**AviationADR fails Wizz Air passenger**
One passenger, who took his claim to AviationADR, regrets not going straight to court.
Mattia Zenere was told by staff his Wizz Air flight was cancelled when he got to the departure gate. He didn’t receive any further explanation, but ended up booking a night in a hotel and a new flight from another airport, costing almost £800.
When Wizz Air didn’t refund him or pay his expenses, he escalated his claim to AviationADR.
AviationADR initially ruled that he should get a refund for the flight, but not his expenses. He queried this twice, only to receive a ‘final determination’ saying he was entitled to nothing – as the flight had never officially been cancelled. It then closed his case and stopped responding to his emails.
AviationADR acknowledged that Mattia’s experience hadn’t been positive, but claimed that it had made the correct decision in the end.
However, we’ve seen an email from Wizz Air to another passenger, booked on exactly the same flight, saying that it was cancelled and confirming his refund.
Wizz Air said: ‘We are sorry that Mr Zenere’s flight was delayed and regret the inconvenience this caused him. We participated willingly in the independent AviationADR process initiated by Mr Zenere and run by the regulator, and will abide with its decision.’
We have asked Wizz Air why it told some passengers that the flight was delayed and others that it was cancelled. It says that it is looking into this.
**AviationADR members still clogging up courts**
The CAA introduced dispute resolution in 2016 to save passengers from having to take expensive, time-consuming court action.
AviationADR quickly became the airlines’ favoured supplier of adjudication services, with the majority of UK carriers joining its scheme.
British Airways is a member of an alternative scheme, CEDR. Jet2 isn’t a member of any adjudication scheme; its customers have to escalate complaints to the CAA itself.
In December 2018, the CAA released a statement praising AviationADR and saying it was ‘very disappointed’ that Jet2 had not joined the scheme. However, Jet2 has received a fraction of the number of county court judgments compared with airlines that are members of AviationADR.
**What to do if your flight is cancelled or severely delayed**
Under EU laws (retained in British law) passengers are still entitled to refunds, expenses – and compensation in many cases – if flights are cancelled or severely delayed.
You can see more details here on your rights during flight disruption.
If the airline hasn’t responded to a legitimate claim – or has turned it down – you can take your case to an adjudication service such as AviationADR or CEDR if the airline is a member. AviationADR is free, and CEDR charges £25 if your case is not upheld. If the airline isn’t a member of an adjudication scheme, you can take complaints to the CAA.
If you don’t think that the adjudicator made the right judgment, there’s nothing to stop you using the government’s Money Claims Online service to take the airline to court.
Surely if a company can’t pay its debts one should be able to post a wind up petition?
When business can’t pay you back even mentioning this that you are going to do it gets the money magically appear in your bank account.
Maybe because people don’t fancy spending £3k for the petition cost…
>Wizz Air alone still has 1,601 ‘outstanding’ county court judgments according to official records – adding up to a total of £2,166,044.
What the actual fuck. I was in some real financial trouble many years ago and acquired *one* CCJ, to the water company for about £120. That completely fucked my credit rating for the next 6 years, I was unable to access credit or decent bank accounts. 1601 CCJs and they’re just allowed to operate as normal?!
Useful bit of advertising for Jet2. They deserve it tbf, they are a decent company
Give them the option to repay or the option to have their planes and senior staff passports impounded until they repay.
LOL at the idea of the likes of Wizz or Ryanair – or any of them – being forced to cough up. They’ll just drag it through the courts for the next hundred years and any laughable bailiff attempt will be met by some very ugly physical security. So good luck trying to get ANYTHING out of them. And don’t try anything yourself; remember this is Britain, not a proper country, and they know where you live.
Do not fly with WizzAir please. They are total scum.
I’d say people should avoid these companies at all costs, however people prefer cheap flights too much to bother doing so. It means these companies are happy to offer poor customer service because they know people will always flock back to them in droves every summer.
I recommend anyone who has had issues with Wizz to raise a complaint/claim through aviationadr.org.uk/
Last year my flight was cancelled 2.5 hours before take off. I was told by staff the next flight wasn’t for 3 days (pointless for a 6 day break) but that if I wanted to book with another airline I could and would be refunded. After the holiday I tried to claim a refund and at first Wizz refused to refund anything other than my outgoing flight (£70, and the agent MyTrip really took the **** by then charging me £30 admin fee to transfer me the money). They also ignored my GDPR requests for a recording of the conversation that I had a reference number for.
I went through ADR which took months, but eventually I got a refund for the original outgoing Wizz flight, a refund for the new flight I had purchased, plus €400 compensation for the cancellation because it was over 1,500km flight.
I think you are usually only entitled to a new flight refund or compensation and not both but I got lucky. I don’t think I’d have gotten anything if it weren’t for going through ADR and Wizz tried to dispute the original claim at first but ADR went back to them a second time to argue on my behalf.
The lesson I learned was not to use Wizz and to book directly with the airline you’re flying with.
A simple amendment to UK261 stipulating that failure to pay a judgement obtained in relation to a UK261 claim within 14 days will result in the immediate suspension of the airlines Operating License for UK based carriers and in the case of foreign airlines the Foreign Carrier Permit would solve the problem