Refund refused - do I have grounds to take it to a small claims court?

hayleyr16

Hi there

I think I have grounds to take a company to the small claims court but I just wanted to check and get advice...

I bought a travelmaster pass from the machine for my travel to work in Sheffield. I use one which can be used on both bus and tram but whilst on the tram I realised that I had accidentally purchased the wrong pass and that it was only meant for buses.

The ticket man charged me £3.90 for a return ticket for Sheffield centre to Meadowhall (I have been using the service for the journey to work for 12 years) after which he told me not to worry as I can take the ticket and my pass with the receipt to the travel information centre and have the ticket refunded and my pass exchanged for the other one which allows me to use both methods of transport.

However when I went to do this the staff refused so I had to buy another pass which is the one I needed. This means I wasted £49.

I have emailed them a few times back and forth and they say how they offer a refund in 30 minutes which they are not obliged it, however, I obviously didn't realise within 30 minutes my simple mistake. They also stated about their refund policy and that they don't have to.

My point is I was told by the conductor that I could get a refund for the wrong pass and ticket - he is a worker of the company and therefore in my eyes speaks on behalf of the company when he states that I can do this, making any refund policy then irrelevant.

I can imagine them arguing the employee was just misinformed and said the wrong thing, but surely if I was promised a refund by the worker (I.e the company), I should get the refund?

I can remember what he looks like and will look out for him to get his name on his badge/ask him.

Travelmaster have said they don't see any need to respond anymore, this was after i threatened small claims court action, detailing why with regards to the worker representing the company and saying I could get a refund. I also threatened to write to the local paper (The Star) about this service and let my friends know on all my social media. Public transport in Sheffield has recently already had a lot of bad press with new bus timetables, involving front page stories.

I know it's only £49 but £49 is £49! And it's also the principle of it.

I'm happy to pay the £35 small claims court fee if I'm confident I can win and get that and my refund back, but only if it seems I have a case?

Any help would be much appreciated

I intend to write a final email to them Monday morning to say again I think I have good grounds for a small claims court case and that if they don't refund me in 5 working days I shall submit a case.

Cheers!

Hayley

bris

No, you have no rights to a refund. Your claim would fail.

elsien

You bought the wrong ticket because you didn't check correctly at the time of purchase.
Completely your mistake, no agent of the travel company involved at this point. You also missed the 30 minute discretionary refund window.
And now you want to take them to the small claims court to get a refund for a mistake that was nothing to do with them in the first instance?

Good luck with that.

unholyangel

Statements made by employees can be binding but they're not expected to be flawless - you would only expect them to be reasonably competent.

However, that would only be important if you had asked the policy before buying and been told incorrect information which you then used to form the decision on whether to enter into the contract or not. By the point you were given the wrong information, you had already entered into the contract on the basis of the 30 minute policy and therefore, the information did not cause you any loss or influence your economic behaviour.

Frustrating as it may be, it is a loss caused by your own negligence. Sorry but not sure how to sugar coat that.

Blackbeard_of_Perranporth

hayleyr16 wrote: »

Hi there

I think I have grounds to take a company to the small claims court but I just wanted to check and get advice...

I bought a travelmaster pass from the machine for my travel to work in Sheffield. I use one which can be used on both bus and tram but whilst on the tram I realised that I had accidentally purchased the wrong pass and that it was only meant for buses.

The ticket man charged me £3.90 for a return ticket for Sheffield centre to Meadowhall (I have been using the service for the journey to work for 12 years) after which he told me not to worry as I can take the ticket and my pass with the receipt to the travel information centre and have the ticket refunded and my pass exchanged for the other one which allows me to use both methods of transport.

However when I went to do this the staff refused so I had to buy another pass which is the one I needed. This means I wasted £49.

I have emailed them a few times back and forth and they say how they offer a refund in 30 minutes which they are not obliged it, however, I obviously didn't realise within 30 minutes my simple mistake. They also stated about their refund policy and that they don't have to.

My point is I was told by the conductor that I could get a refund for the wrong pass and ticket - he is a worker of the company and therefore in my eyes speaks on behalf of the company when he states that I can do this, making any refund policy then irrelevant.

I can imagine them arguing the employee was just misinformed and said the wrong thing, but surely if I was promised a refund by the worker (I.e the company), I should get the refund?

I can remember what he looks like and will look out for him to get his name on his badge/ask him.

Travelmaster have said they don't see any need to respond anymore, this was after i threatened small claims court action, detailing why with regards to the worker representing the company and saying I could get a refund. I also threatened to write to the local paper (The Star) about this service and let my friends know on all my social media. Public transport in Sheffield has recently already had a lot of bad press with new bus timetables, involving front page stories.

I know it's only £49 but £49 is £49! And it's also the principle of it.

I'm happy to pay the £35 small claims court fee if I'm confident I can win and get that and my refund back, but only if it seems I have a case?

Any help would be much appreciated

I intend to write a final email to them Monday morning to say again I think I have good grounds for a small claims court case and that if they don't refund me in 5 working days I shall submit a case.

Cheers!

Hayley

Just for the record, in case later we find electrons were harmed. It is thought no children are involved.

tomtontom

You have no right to a refund. What the conductor said to you after you bought the ticket is largely irrelevant, the refund policy in effect when you bought the ticket is, and that states no refunds after 30 mins of purchase.

Why did you not just get the bus for the period of the ticket?

hayleyr16

Hi I know the simple mistake isn't the company's fault - my feeling was that there is an issue with the fact I was told I could get a refund by the conductor but then that didn't transpire to be true

PCMcGarry

hayleyr16 wrote: »

HiI know the simple mistake isn't the company's fault - my feeling was that there is an issue with the fact I was told I could get a refund by the conductor but then that didn't transpire to be true

So why would you expect to win at court?

tomtontom

hayleyr16 wrote: »

Hi I know the simple mistake isn't the company's fault - my feeling was that there is an issue with the fact I was told I could get a refund by the conductor but then that didn't transpire to be true

And your "feeling" has been explained twice - what the conductor told you does not form part of your contract because it was said after the purchase.

Think of it the other way. If you had bought the ticket and the machine stated it was refundable, and then later the conductor said it is not, which information do you feel should apply?

cookie365

The refund policy, which you no doubt agreed to when you bought the ticket is pretty clear.
http://www.sytravelmaster.com/refunds

We don't know what the inspector said; you have no way of showing he said 'you can get a refund' and not 'you can ask for a refund' for example. Even if he said 'you can get a refund' you've not lost out as a result of his error so you have nothing to sue for.

You're lucky the inspector let you off the penalty for travelling on the tram without a ticket.

hayleyr16

I know it's been said twice, I'm just working my way through the replies in order.

Ok I see, but surely what the conductor says counts for something? I would think in an ideal world the company should refund as a matter of goodwill due to putting hopes up that it can be sorted then bringing them down? It's not as though the unwanted pass has been used or caused any loss on their part. It can easily be cut up and returned.