Ticket Purchase - no ticket, no refund either?

Furrtiv

Hi guys, was wondering if you can help please?

I purchased a ticket for the Hard Rock Calling event at Hyde Park through a broker, costing £70 (it sold out quickly, was looking for a secondary market ticket).
The broker assured me, after taking my money via bank transfer, that the seller would post the ticket directly to me using Special Delivery.
I wasn't in when the envelope arrived, so went to my local sorting office and signed for the envelope there. Upon opening the envelope immediately (I was kind of excited to be going!) it was completely empty, nothing inside whatsoever. I checked the ground, no, I hadn't simply dropped it and immediately forgotten, it really wasn't there.

Upset at this, I spoke to the counter staff at the sorting office, who were happy to advise me that they could act as witnesses to the fact that the envelope was sealed and hadn't been tampered with before I received it.

I managed to source another ticket so went to the concert, had a great time, etc.

However, after conducting their own investigation, the broker has decided that they will not refund me, as they claim that the seller is genuine and has had multiple good transactions, and also obliquely inferred that I may be lying or trying to commit frausd. They've also said that, as a goodwill gexture, they're willing to offer me a voucher to be redeemed only through themselves, for the value of my loss, towards any other ticket. I'm not happy with this; I rarely go to gigs/festivals, as there are so few artists I wish to see live, so unless this voucher has a completely unlimited time span, it's unlikely that I'll be able to use it. I don't want to use it as a gift, eithe4r, as the broker also suggested, as quite frankly, I don't want a friend or relative to experience the same disappointment I've had if they have the same thing happen to them. I also would rather not use this broker again anyway.

I would like a refund, could I demand one under the DSR? Or am I obliged to accept their offer in lieu of a refund?

Don't worry, next time I'll be more prepared and buy tickets from the venue or a more reputable secondary market source, even if I have to pay a premium!:o

arcon5

I suspect this Would be classed as a leisure service which are excluded from your rights to cancel under DSRs.

With a witness statement from the PO I would say you are in a very strong position. Send them a copy of this along with a receipt for your replacement tickets to persuade them you are not trying to defraud them - and demand they refund you for goods not received forthwith.

Furrtiv

Thanks, was wondering what regs this type of thing falls under. I don't want to write of seventy quid, but neither do I want to act like a t*t and demand something I'm not entitled to. I will check the date I received the envelope (still got it) and get my witness statement from the sorting office staff.

transient

How did you buy it from the broker?
Through a website? / phone?
How did you find them?
What is the name of their business?

Furrtiv

Hi, not sure if I can name names but it's not a big name. There were no reports that I could find complaining about this site or mentioning it as a scam, either, although that may have changed in the last few weeks, or I may simply have not searched hard enough.

I paid via bank transfer, after finding an ad for a ticket on Gumtree. I guess it was a case of, you pays your money, you takes your risks, and I got burned this time.

transient

I would say so bearing in mind t was via gumtree. What was their mobile number and email address?