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Cancellation/Refund
kitkat0910
Posts: 4 Newbie
Hi all,
I'm looking for people's advice & opinions on an issue I'm having with a company.
My husband, my sister, my brother-in-law and I all recently applied for season tickets with an Ice Hockey Club. We applied in March, and asked to pay by monthly direct debit, starting in July, final payment in November. The seats we applied for were "gold" seats, (with the others available being Silver or Bronze), and were the most expensive on offer.
We didn't get the seats we asked for, and nobody contacted us to ask if there was anywhere else we'd prefer to sit, we were simply allocated different Gold seats. We attended the first 2 games and were disappointed that the view from one of the seats was really poor, as it was blocked by a barrier.
We complained to the club and asked to be reallocated, but they couldn't do this due to some agreement that they had with Ticketmaster.
They did offer to provide us with alternative gold seats at each game, but we would be in different seats at every game and there was no guarantee that we'd be sitting together, so we declined this too.
The only other offer they made to us was to cancel and get a refund. They said we'd get a refund for everything we'd paid (£1008 so far), less the value of the games we'd attended (2 games at season ticket price (£16) x 4 people = £128) and told us that this would be £884. They indicated that this would take a couple of days.
A month later, after chasing and chasing, we eventually got a refund, but for £856. When we have queried why there's £28 missing, they said that they have incurred costs as a result of the cancellation, and will now charge face value for the games we attended, ie £19 per game per person.
I know it's not a lot of money in the grand scheme of things, and I'm relieved to have received the bulk of our money back, but feel a little bit frustrated that they've gone back on what they told us initially.
They agreed with us in writing that the would refund £884 and they haven't done that. I do understand that they'll have costs because of this cancellation (operational/direct debit cancellation/ticket master cancellation fees), but that's not our fault - we wouldn't have cancelled if they'd offered an acceptable solution.
If they had told us up front that they would only refund the £856 rather than £884, we might have decided not to cancel. Additionally, there are absolutely no Ts and Cs available anywhere about what the process/timelines would be in the event of cancellation - so they seem to have made this up as they've gone along.
I've voiced my unhappiness with the club but they're now ignoring my e-mails.
I know it seems such a petty amount but out of principle, I don't want to let it go.
I've been in touch with Citizens Advice who have recommended that I send a "breach of contract" letter, but even if I do, there's nothing forcing them to reply - I've already cancelled so they've got nothing to lose by not replying.
Does anyone have any advice?
Thanks in advance for any opinions.
I'm looking for people's advice & opinions on an issue I'm having with a company.
My husband, my sister, my brother-in-law and I all recently applied for season tickets with an Ice Hockey Club. We applied in March, and asked to pay by monthly direct debit, starting in July, final payment in November. The seats we applied for were "gold" seats, (with the others available being Silver or Bronze), and were the most expensive on offer.
We didn't get the seats we asked for, and nobody contacted us to ask if there was anywhere else we'd prefer to sit, we were simply allocated different Gold seats. We attended the first 2 games and were disappointed that the view from one of the seats was really poor, as it was blocked by a barrier.
We complained to the club and asked to be reallocated, but they couldn't do this due to some agreement that they had with Ticketmaster.
They did offer to provide us with alternative gold seats at each game, but we would be in different seats at every game and there was no guarantee that we'd be sitting together, so we declined this too.
The only other offer they made to us was to cancel and get a refund. They said we'd get a refund for everything we'd paid (£1008 so far), less the value of the games we'd attended (2 games at season ticket price (£16) x 4 people = £128) and told us that this would be £884. They indicated that this would take a couple of days.
A month later, after chasing and chasing, we eventually got a refund, but for £856. When we have queried why there's £28 missing, they said that they have incurred costs as a result of the cancellation, and will now charge face value for the games we attended, ie £19 per game per person.
I know it's not a lot of money in the grand scheme of things, and I'm relieved to have received the bulk of our money back, but feel a little bit frustrated that they've gone back on what they told us initially.
They agreed with us in writing that the would refund £884 and they haven't done that. I do understand that they'll have costs because of this cancellation (operational/direct debit cancellation/ticket master cancellation fees), but that's not our fault - we wouldn't have cancelled if they'd offered an acceptable solution.
If they had told us up front that they would only refund the £856 rather than £884, we might have decided not to cancel. Additionally, there are absolutely no Ts and Cs available anywhere about what the process/timelines would be in the event of cancellation - so they seem to have made this up as they've gone along.
I've voiced my unhappiness with the club but they're now ignoring my e-mails.
I know it seems such a petty amount but out of principle, I don't want to let it go.
I've been in touch with Citizens Advice who have recommended that I send a "breach of contract" letter, but even if I do, there's nothing forcing them to reply - I've already cancelled so they've got nothing to lose by not replying.
Does anyone have any advice?
Thanks in advance for any opinions.
0
Comments
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Your issue really, was not acting sooner - in future give the company 14 days to respond then send a letter before action.
However in this case, get back to them to say that you considered the matter closed and resolved when they offered the settlement figure of £884 - evident by the fact you dropped it (in terms of complaining about the seats assigned e.t.c).
They can't go re-negging a deal willy-nilly.
(I maybe wouldn't write willy-nilly on the letter)0 -
There is some logic (not that I necessarily agree with it) in their argument of charging you £19 per game rather than £16 as they no longer have the money for your season ticket. My maths may be faulty but I calculate the increase at £24 rather than £28.
You could spend more time than it is worth trying to reclaim the £28, You can argue that they contractually owe you £28, issue a Letter Before Action and if no money refunded use Money Claim On Line. The LBA may get you your money, but MCOL will cost you £30 (which the club will owe you if you win) and you could lose and be even more out of pocket.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
How did you pay? If by credit card, section 75 may be an option (it makes your card company jointly liable with the retailer). If by debit card, you could try a chargeback.
If the card issuers reject your claim, you can then appeal to the financial ombudsman.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
unholyangel wrote: »How did you pay? If by credit card, section 75 may be an option (it makes your card company jointly liable with the retailer). If by debit card, you could try a chargeback.
If the card issuers reject your claim, you can then appeal to the financial ombudsman.
Would S75 still be applicable as OP has had 95% of his money backIf you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
Yes.lincroft1710 wrote: »Would S75 still be applicable as OP has had 95% of his money back
Section 75 makes the credit provider equally responsible for the performance of the contract.
So if the ticket seller owes the OP £28 then the OP can chase the credit card company for it - assuming a credit card was used.
But all that is of no consequence as the OP told us:kitkat0910 wrote: »We applied in March, and asked to pay by monthly direct debit, starting in July, final payment in November.
0 -
No, the op is not the only party to the contract, S75 will not work for at least 2 of the tickets as they are not for the ops use.Yes.
Section 75 makes the credit provider equally responsible for the performance of the contract.
So if the ticket seller owes the OP £28 then the OP can chase the credit card company for it - assuming a credit card was used.
But all that is of no consequence as the OP told us:
However if you read it correctly you will see it's paid by DD.0 -
Hi, thanks all for your comments and suggestions. I really was at the end of my tether!
Just to clarify, we did pay by direct debit. Co-incidentally, they took the first payment 5 days early, so my bank have confirmed I would be entitled to claim that full payment of £672 back via the indemnity scheme, but I don't want to end up owing them money.
I'll do as suggested by lincroft1710, and send a letter before action, then pursue through MCOL if no joy.(I didn't even know this existed so thanks a million for making me aware of this!).
Thanks again
Kat0 -
Just one more question actually, if I don't get a reply after LBA, then pursue via MCOL, I'm fairly sure I would be awarded the money because although I understand their logic in holding back the £28, they didn't tell me about it in advance. I have an e-mail from them saying they'll refund the full £884.
Does anyone think there's any way that I won't be awarded?
Thanks0 -
Yes, quite correct. I had overlooked that.No, the op is not the only party to the contract, S75 will not work for at least 2 of the tickets as they are not for the ops use.
Thank you for pointing out my mistake.
Yes, I did read it correctly.However if you read it correctly you will see it's paid by DD.
As you chose to criticise my reading skills, I really cannot believe that you didn't even read my post properly.
Did you not read:But all that is of no consequence as the OP told us:kitkat0910 wrote: »We applied in March, and asked to pay by monthly direct debit, starting in July, final payment in November.0 -
No, the op is not the only party to the contract, S75 will not work for at least 2 of the tickets as they are not for the ops use.
However if you read it correctly you will see it's paid by DD.
I did miss the DD part but as for section 75, I'm not sure thats the case - given in cases quoted on the ombudsman site there is a few examples of ticket buying for multiple people and the entire group being covered if the card holder was part of that group.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0
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