Unable to get refund for declassified first class

I had an Advance 1st Class ticket with Avanti a few months back, immediately after departure first class was declassified due to overcrowding.

Afterwards I contacted Avanti to see if they would offer compensation and when they replied 4 weeks later, they agreed to refund me half the ticket price which I am completely happy with. I did travel and I did have a seat, I just could've bought a standard ticket for the same service. 

However 6 weeks later (10 weeks since I originally contacted them), I haven't received the promised cheque - they have said this is probably due to Royal Mail strikes and tell me to keep waiting. 

I will obviously keep waiting and informing them but I'm starting to wonder whether I should speak to my credit card company for section 75 protection. But I don't know if that's a rash decision? The total ticket was over £100 value but the proposed half refund is under £100, and I'm only seeking the partial refund. I don't actually know if section 75 covers this since I did receive a service, just not the one I paid for. 

Comments

  • Brie
    Brie Posts: 9,915 Forumite
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    I don't think that S75 is appropriate at this point as a refund has been agreed.  There is grounds to complain for their inaction on getting it processed though.  And why would they pay by cheque?  You paid by credit card so I would have asked for the refund to come the same way to save them postage, cheque processing etc and to ensure you are sorted asap.  
    "Never retract, never explain, never apologise; get things done and let them howl.”
  • SiliconChip
    SiliconChip Posts: 1,368 Forumite
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    I'd agree with @Brie that the refund should come to the card you paid with. I cancelled a booking with Avanti when they slashed their timetables and the refund was made to my card about 4 weeks later.
    One odd thing (and I'm unsure whether this was due to Avanti or a quirk of Amex) was that the refund was made with the same date as the original payment (3 months prior to the date the refund was actually made), I could see that the card balance included the refund amount but I couldn't see the actual transaction until the next statement was produced.
  • I'd agree with @Brie that the refund should come to the card you paid with.
    It doesn't sound like a refund to me, it sounds like compensation for an inconvenienced journey. The OP hasn't said they couldn't sit in the First Class area or didn't get what was promised. There's no guarantee that the First Class area will be free of standing passengers, as there's no requirement for mandatory seat reservations when buying a First Class ticket.

    One odd thing (and I'm unsure whether this was due to Avanti or a quirk of Amex) was that the refund was made with the same date as the original payment (3 months prior to the date the refund was actually made), I could see that the card balance included the refund amount but I couldn't see the actual transaction until the next statement was produced.
    Overall that's a good thing. If you incurred interest, putting the refund on the actual transaction date would adjust the interest in your favour.
  • CKhalvashi
    CKhalvashi Posts: 12,056 Forumite
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    I'd agree with @Brie that the refund should come to the card you paid with. I cancelled a booking with Avanti when they slashed their timetables and the refund was made to my card about 4 weeks later.
    One odd thing (and I'm unsure whether this was due to Avanti or a quirk of Amex) was that the refund was made with the same date as the original payment (3 months prior to the date the refund was actually made), I could see that the card balance included the refund amount but I couldn't see the actual transaction until the next statement was produced.
    Barclaycard do this too, although I could see it as a payment a few weeks before the statement but with the original purchase date and an 'interest adjustment' of £0.00 as a separate line.
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  • yorkie2
    yorkie2 Posts: 1,595 Forumite
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    I'd agree with @Brie that the refund should come to the card you paid with.
    It doesn't sound like a refund to me, it sounds like compensation for an inconvenienced journey. The OP hasn't said they couldn't sit in the First Class area or didn't get what was promised. There's no guarantee that the First Class area will be free of standing passengers, as there's no requirement for mandatory seat reservations when buying a First Class ticket.

    NRCoT 31 says this:
    31. Travelling In Standard Class Accommodation with A First Class Ticket
    31.1 If you have a first class Ticket and the train service you use is shown as offering first class accommodation at www.nationalrail.co.uk, but when you travel first class accommodation is not provided or is otherwise fully occupied, you may claim a refund. The minimum refund to which you will be entitled will be the difference between the price of the first class Ticket purchased and the cheapest valid standard class walk-up fare available on the service you used. You must contact the Train Company you travelled with to notify them of your claim within 28 days of the date that you travelled.

  • SiliconChip
    SiliconChip Posts: 1,368 Forumite
    First Anniversary First Post Name Dropper
    I'd agree with @Brie that the refund should come to the card you paid with.
    It doesn't sound like a refund to me, it sounds like compensation for an inconvenienced journey. The OP hasn't said they couldn't sit in the First Class area or didn't get what was promised. There's no guarantee that the First Class area will be free of standing passengers, as there's no requirement for mandatory seat reservations when buying a First Class ticket.
    The OP said that Avanti referred to it as a refund so it doesn't seem unreasonable for me to use the term. And now @yorkie2 has confirmed that it is indeed a refund.
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