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Concert tickets bought in error

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Comments

  • ThumbRemote
    ThumbRemote Posts: 4,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The card company being in the UK only means they're subject to the consumer credit act - not that the OP would be able to claim for misrepresentation/breach of contract under UK law.

    You only have a claim against the creditor if you have one against the supplier and you only have the same claim against the card company that you do against the retailer.

    I'm happy to stand corrected on that - thanks for the clarification.

    Out of interest, do you know how the credit card company knows what law to apply? They'd have to deal with every different national law. Or do they pass the case over to their branch local to the sale.

    Which leads to more anomalies - if you needed to take legal action against (say) MasterCard, would you do it in the UK, but using on a different countries laws?

    Not trying to catch you out, genuinely interested in how that would all work.


    How does the card company know what that is? And
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'm happy to stand corrected on that - thanks for the clarification.

    Out of interest, do you know how the credit card company knows what law to apply? They'd have to deal with every different national law. Or do they pass the case over to their branch local to the sale.

    Which leads to more anomalies - if you needed to take legal action against (say) MasterCard, would you do it in the UK, but using on a different countries laws?

    Not trying to catch you out, genuinely interested in how that would all work.


    How does the card company know what that is? And


    Well it would be the bank rather than mastercard you'd claim against. But basically in a section 75 claim, you need to show the supplier has either made a misrepresentation or breached the contract. I mean even when making a section 75 claim under the sale of goods act, there needs to have been a breach of contract/misrepresentation

    If you can't show that they have breached the contract/made a misrepresentation then you have no claim. It doesn't actually go by whether you have rights under consumer protection iyswim?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • arrgee
    arrgee Posts: 29 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Somewhat related, I made an order for four Elvis Costello tickets via Ticket Factory. I opened two windows. One for Friday and one for Saturday. As the Saturday tickets were what I really wanted, I closed the Friday window, carried on with the booking all the way to the end, and after the credit card payment was taken, the confirmation showed I had the Friday tickets!
    Anyway I proceeded to book Saturday tickets and then asked Ticket Factory for a refund. The said they would refund me minus a 10% fee which would amount to about £27!
    I would have thought that under the Consumer Rights Act 2015 this would not be permitted.
    Anyway after a few emails to and fro, I eventually was given a full refund, which is only right as it was an issue with their booking system.
    But this did lead me to wonder, are ticket sales covered under the Consumer Rights Act 2015? I see no reason they should be excluded including the "fees" which often seems to be neglected.
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