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Event Postponed & merged with another postponed event - Organisers refusing to refund

Semproxion
Semproxion Posts: 19
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edited 19 May 2025 at 4:47PM in Coronavirus Board
Apologies if I've got the wrong section, this seemed the best fit.
I had booked tickets to an event at Silverstone at the beginning of August. This event has now been postponed until late October & at  the same time the organisers have merged this event with another one they have postponed. 
As I cannot attend the later dates I requested a refund, as I am entitled to and they responded with "tickets are non-refundable under our terms & conditions regarding unforseen circumstances"
Now I didn't think that T&Cs, particularly unfair ones (and ones buried in small print, it took some searching to find it) could override consumer rights?
As far as I'm concerned the event isn't for the dates I booked for & due to the merge with another event isn't even the event I booked. 
I certainly wouldn't have booked the event if the original dates were in late October.
At present I intend to write to them with a notice before action letter, sent recorded.
Is there any important information I should include?

Comments

  • Life__Goes__On
    Life__Goes__On Posts: 2,746
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    edited 5 June 2020 at 7:39PM
    Have a read of this as should cover it making sure you reference the CRA 2015

    https://www.fca.org.uk/firms/unfair-contract-terms/examples-unfair-terms
    require a consumer to fulfil all their contractual obligations, while letting the firm avoid its own
    Clearly the above would apply.

    If you paid with a card you have other options apart from the small claims court. (if you want to go down that route)

    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • Semproxion
    Semproxion Posts: 19
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    Thank you for that. 
    I paid online via debit card and whilst I understand I may be able to create a chargeback there are thousands of people in the same boat so I'm hoping by essentailly threatening to ruin their business that they'll back down and do the right thing. 
  • Life__Goes__On
    Life__Goes__On Posts: 2,746
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    Can understand that, good luck with your case
    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • Semproxion
    Semproxion Posts: 19
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    Just to update this. 
    I have sent the Notice Before Action and given them 28 days to respond. Normally it states to give them 14 days however with Covid etc I thought a show of generosity on my part and extending the deadline would play in my favour should we end up in court.
    If we do end up in court I intend to claim for the cost of the tickets, 2 hours of my time & postage costs. 
    In the info I have from all the small claims info online, should they fail to respond I can ask the courts to freeze the company's assets, which would be an interesting direction as the company currently has assets worth £25+ million.
  • Life__Goes__On
    Life__Goes__On Posts: 2,746
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Forumite
    Cheers for the update
    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • Just be aware that the court won't freeze a company's assets following a small claims hearing and more importantly, the courts have not been functioning properly for the last 3 months. If they defend the case, you will be waiting at least a year for a hearing date. Far better to make a chargeback claim now and get the money back  in your pocket
  • Semproxion
    Semproxion Posts: 19
    Eighth Anniversary 10 Posts Combo Breaker
    Forumite
    Just be aware that the court won't freeze a company's assets following a small claims hearing and more importantly, the courts have not been functioning properly for the last 3 months. If they defend the case, you will be waiting at least a year for a hearing date. Far better to make a chargeback claim now and get the money back  in your pocket
    TBH it's gonna beyond the money now and I don't mind waiting. I posted on a popular car enthusiast forum regarding this and have had loads of responses from others that the company has done this to people for years so it's now a matter of principle. 
    Plus I've already issued the notice before action and I'll look weak if I back down. 
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