Lloyds difficulty over Section 75 claim

Andyhhh

Hi Folks

Id greatly appreciate any advice on the following please:

• Purchased £141 worth of concert tickets from Ticketmaster on my Halifax mastercard
• We were not permitted access to the concert due to the event orgainisers closing the entrance because the crowds were getting rowdy.
• I have contacted Halifax - who put me through to Lloyds CCA department.
• They have denied the CCA Section 75 claim, with Lloyds stating the following:

'I would advise that you as "the cardholder" are the debtor in this agreement and therefore must establish a valid claim for breach of contract or misrepresentation against the merchant to whom you made the card payment.In this instance, the agreement is between yourself, and the merchant, Ticketmaster UK, who have fulfilled their obligations by passing the funds to the event promoters. Any breach of contract is by the event promoters who are not a party to the credit card transaction.

If you accept this decision and you still wish to pursue the matter with the event promoters, you may want to seek independent advice, perhaps from your local Trading Standards Office or Citizens Advice Bureau

If you do not accept this decision or you have additional information which you would like us to consider please contact me so we can discuss this further. '

• I have stated that I do not accept there refusal to agree to the claim and that I will be taking it further

Any advice or suggestions on how to make progress with this would be greatly appreciated.


Cheers,


Andy

MEM62

They are correct - in order for a Section 75 claim to be successful the transaction must be directly between you and the vendor. In this case the event promoter. As soon as a 'middle man' is introduced into the situation Section 75 fails.

You contract is with Ticketmaster and they fulfilled their obligation - which was to supply you with the tickets.

Andyhhh

Many thanks for your reply MEM62.

Im really surprised by your answer. I thought that my contract was with Ticketmaster to gain me entrance to the concert, which wasnt possible.

Is there any other way of approaching this, as I really dont want to let the little !!!!!!s get away with £140 of my money for such a badly orgainsed concert.

Is this a dead end, as Ticketmaster still haven't come back to me?

MEM62

Nope! Ticket master sold you the tickets - once the tickets were in your hands that's it. They did not run the event and they do not operate the venue. To be fair they are not responsible for the fact that you could not get in. However, if the promoter is aware of the problem they may well be doing something about a refund - and it is possible that this will be arranged via Ticketmaster as their sales agent.

If I were in your shoes, I would still pursue it as I would not be at all happy with missing the gig. Write separately to the to the promoter and the venue, state your case and ask to be compensated. I'd be asking for the cost of the tickets and something to cover travel costs etc.

Hope you manage to get a result.

grumbler

You can try claiming money directly from the company that organised the concert. Send them a letter before action giving them, say, 10 days to refund the money and threatening them with small claims court actions otherwise.

bris

How many tickets was it, if it was more than one you claim would also fail because each ticket would be under £100.

datlex

bris wrote: »

How many tickets was it, if it was more than one you claim would also fail because each ticket would be under £100.

That was my thought too. I would go back to Ticket Master. Do you have any proof the venue would not let you in?