Am I entitled to a Gumtree refund

weechick

Hey guys,

So I'm in an awkward situation. I bought 4 tickets via gumtree for the Garth Brooks concert in Dublin. I paid way over face value but I really wanted the tickets and didn't mind paying. But sadly the concert was cancelled, and I was stuck with tickets I couldn't use.

The people who bought tickets via ticketmaster were all given a full refund. So I contacted the seller I bought the tickets from on Gumtree. But she said she will give me the refund she receives from ticketmaster but she has spend the rest of the money.

I feel this is very unfair that she can profit off my money but not sure if I'm entitled to a refund, (I am now out a couple of hundred pounds :-( ) Hope you can help

Many thanks
Weechick

martindow

Your only hope is to open a court claim. But there is no point if they have no money or won't pay as it will cost you a fee to make a claim. You could 'win' but then not get the money and it will cost you more to try to get it.

I would send a letter before action to see if that frightens them into paying. Most people would do all they can to settle and avoid a CCJ. You need to consider whether to possibly throw good money after bad going to court. Some people won't worry if they already have CCJs or will offer to pay back £1 a month if the court accepts they have no money.

19lottie82

How did you pay?

Do you have, or can you get the sellers home or work address?

If so, the best way to deal with this is send a letter before action, basically threatening legal action if you don't get your money back.

If they don't pay up, you can raise a money claim online, which if they don't pay, will lead to the small claims court.

https://www.moneyclaim.gov.uk/web/mcol/welcome

you will need to pay to do this, but if you're successful (it sounds like you should be), you will be awarded costs.

However, be aware that although there will be consequences if they don't (most likely a CCJ), a court can't physically MAKE someone pay.

weechick

Thanks very much for your help, I will be looking into these ASAP.

I meet up with the girl in person and paid cash. She then emailed me a copy of the tickets, so I have her full name and workplace

mrs_sparrow

Are you in Ireland or NI?

You need to write to her and ask for the money back and give her 14 days to pay else you will claim the money back through the small claims court. Send it recorded delivery. Note in the letter that should you pursue it further then she will be liable for the court costs.

Google Money Claim Online. It is easy to do.

usefulmale

Can you prove how much cash you handed over? You do take it to court you will be expected to be able to prove this.

janeywoo1978

OH gosh! A bad situation. I feel for you!

eddddy

Hi weechick

If this does end up in court, you need to deal with it fairly systematically. For example...

Will the seller dispute that you paid her any/all the money?
If so, you have to convince the court that "on the balance of probabilities" that you paid what you say you did.

Should you get a full refund of what you paid?
I assume you didn't agree with the seller before you paid, what should happen if the concert is cancelled. So the court will decide on the basis of "what would a reasonable person expect?"

Let's say the face value of the tickets were £100, and you paid £200.

You might argue that you paid £200 for the tickets, so £200 should be refunded.

The seller might argue that you paid £100 for the tickets plus a £100 fee for her time/effort in getting the tickets. So only £100 should be refunded.

In that case, the court would decide which argument is most reasonable.

(And then, as others have said, even if the court agrees with you - you have the challenge of actually getting the money.)