Refund on Railcard

Crabman

wealdroam wrote: »

I've sent a PM to the board guide Crabman asking him if he'll move it.

I've moved this to the Consumer Rights board

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere (please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email [EMAIL="forumteam@moneysavingexpert.com"]forumteam@moneysavingexpert.com[/EMAIL].

littledorrit

I think you are right...it's the customisation Many Thanks for your input wealdroam...and Jeff Bridges hair (what a great name!)

halibut2209

It might also be considered a service which has already begun.

wealdroam

halibut2209 wrote: »

It might also be considered a service which has already begun.

I agree it could be a service, but it probably hadn't begun.

I get the impression from the OP that it was cancelled before the railcard was delivered.
If that is so, the rail company cannot say the service has already started, and at the same time say that you cannot use railcard discounted tickets before receiving the railcard.

Just to add:
If it is considered a service that has been purchased, and that service had not started at the point of cancellation, is the purchase cancellable under DSRs for a full refund?
I believe it is.

halibut2209

I would say that they would argue that the service starts immediately and the fact that they cannot use the card until it arrives is a separate issue. If the card lasts one year, and they purchase it on January 1st and it doesn't arrive until January 4th, I'd wager that the expiry date is December 31st. The card is active, just not in their possession.

Shelldean

halibut2209 wrote: »

I would say that they would argue that the service starts immediately and the fact that they cannot use the card until it arrives is a separate issue. If the card lasts one year, and they purchase it on January 1st and it doesn't arrive until January 4th, I'd wager that the expiry date is December 31st. The card is active, just not in their possession.

No dont think this is correct. I purchase my railcard online. And when it arrives it always expires more than a yr after arrival date.
So for example I order on May 1 2012, it arrives May 3, but it expires May 5 2013. My card has always been ths way.

Op why couldn't you use it online? I use my railcard to buy tickets online, and last yr I brought my tickets for a July holiday in May. I purchased the railcard mid june. So long as I had the railcard when I travelled it wasn't a problem

wealdroam

Shelldean wrote: »

No dont think this is correct. I purchase my railcard online. And when it arrives it always expires more than a yr after arrival date.

Yes, that appears to be normal.

From the 16-25 railcard FAQs...

We add an extra weeks validity to your Railcard to allow for delivery time.

There is a similar sentence in the FAQs for the Senior Railcard and the Family & Friends Railcard.

halibut2209

There you go. It says that they add an extra week, not that they defer by a week. So legally the card/service is activated immediately.

wealdroam

halibut2209 wrote: »

There you go. It says that they add an extra week, not that they defer by a week. So legally the card/service is activated immediately.

But the service, of being able to travel with discounted tickets, is unusable before the railcard is with the consumer.

So how can it have started?

Clearly it is not as simple as saying "it was there, so you could've used it".

System

I thought the point of DSR was to give the consumer the opportunity to "inspect" the goods at home? As a railcard is not really "goods" and is more a deal that allows the consumer to buy rail tickets on the cheap it seems wrong that DSR should apply.

Of course there is no legal basis to my opinion and I accept its wrong, but I can't help but feel this is not what DSR was created for!