Goodwood FOS Cancellation - Section 75?

DullGreyGuy

born_again said:

If they have refunded to your Goodwood account, then any chargeback would fail as they would reject on the basis you have already been refunded.
Sorry..

assuming its defended... some win refunds that they really shouldn't because the merchant doesn't respond in time. 

born_again

DullGreyGuy said:

born_again said:

If they have refunded to your Goodwood account, then any chargeback would fail as they would reject on the basis you have already been refunded.
Sorry..

assuming its defended... some win refunds that they really shouldn't because the merchant doesn't respond in time. 

leaving a claim as they have been refunded twice.

RefluentBeans

Okell said:

The supplier's T&Cs are irrelevant, aren't they?

Under the Consumer Rights Act the default position is that refunds should be paid using the same means of payment that the consumer used when buying the tickets, unless the consumer "expressly agrees otherwise".

I suppose the organisers could try to argue that the OP has agreed to be refunded via their "Goodwood account", but that argument seems a bit tenuous because of (1) what could be called the misleading wording of the refund offer which would call into doubt whether the OP has "expressly" agreed to it being refunded to their Goodwood account, and (2) as @the_lunatic_is_in_my_head has said, the consumer shouldn't need to be filling a form out to get a refund using the same means by which they paid - that should be the default position and they should only be filling the form out to get a refund via different means.

@mxxx -  this is probably a stupid question, but can you not just close your Goodwood account and take out the balance?  What do the T&Cs of the account actually say?

I've always wanted to go to the Festival of Speed.  Don't think I'll bother now...

Think it depends what’s said in the original T/C’s - if it says that the refund upon them cancelling the event would be credit for a future event then the customer has expressly agreed to that, but purchasing the tickets. 

The T/C’s don’t mention this currently (but have 2020 in the file name, suggesting that they haven’t changed in a couple of years). The terms say under cancellations:

• 11.4.3 Refunds will not be made on the day of the Event or Experience. To obtain a refund you should send your badge or Ticket with full address details, within three [3] months of the date of the cancelled Event or Experience to: Goodwood Motor Circuit, Chichester, West Sussex, P018 0PH

Regarding the cancellation of account to get a cash refund - seems like they’d consider this a gift card that can’t be exchanged for cash. So closing the account with the gift card attached to would forfeit the gift card.

It looks like you’re entitled to a refund, an actual refund, so I would keep pushing with it.

the_lunatic_is_in_my_head

RefluentBeans said:

Think it depends what’s said in the original T/C’s - if it says that the refund upon them cancelling the event would be credit for a future event then the customer has expressly agreed to that

A consumer can't sign away their rights by agreeing to T&Cs, if they could every single company out there would refund in credit. 

CRA is clear, the trader has to refund via the same means of payment within 14 days of agreeing the consumer is entitled to (for services) a price reduction.  

prowla

born_again said:

mxxx said:

I had tickets booked to the Goodwood Festival of Speed for the first time ever this year (was very excited) unfortunately the event was cancelled (and they only said at about 10pm the night before). They've promised everyone who had tickets for that day (saturday 15th July) a refund but I've yet to receive mine and from what I can see they are being very slow at processing the refunds.
I've had two emails from them detailing what will happen with the refunds (although nothing to set expectations on how long it will take), however I've just re-read the latest of these emails and seen that they used misleading language and I've misunderstood what was happening.
The email said they would refund automatically to your account and you only needed to fill out a form if you wanted a 'cash refund'. Unfortunately, when they say 'account' they mean Goodwood account, not bank account and by 'cash refund' they don't actually mean cash, they mean bank account.
So, I thought it was all in hand but I've now realised I've missed their deadline for requesting to get the actual money back and instead it will be refunded to my 'goodwood account'. I don't want to buy anything else from them I want my money back.
I've tried contacting them on Facebook, they just trotted out the same line 'if you filled the form out you'll get it back to your bank account, otherwise it'll go to your goodwood account, we're very busy if you have any further queries contact our ticket office'.
I tried calling the ticket office and they have a recorded message saying much the same thing and to only hold on if you're calling about 'something else'.
So what to do now? I've not received anything back in my Goodwood account either but I DID pay for the tickets on my Barclaycard. Should I contact Barclaycard and ask them to process a refund under Section 75 so I actually get the money back rather than credit on the Goodwood website, or is this unfair?

How much was each ticket?

In effect they have not breeched their T/C as they have refunded you, just not how you wanted, due to not filling in the form. So I can see Barclaycard rejecting the S75 on that basis. That is if each ticket was over £100. If not then there is no claim.

They've not refunded - they've kept the OP's money in their account.

prowla

As an aside, I was in the area on the 15th and the roads were a nightmare - I was wondering what the heck was going on!

born_again

prowla said:

born_again said:

mxxx said:

I had tickets booked to the Goodwood Festival of Speed for the first time ever this year (was very excited) unfortunately the event was cancelled (and they only said at about 10pm the night before). They've promised everyone who had tickets for that day (saturday 15th July) a refund but I've yet to receive mine and from what I can see they are being very slow at processing the refunds.
I've had two emails from them detailing what will happen with the refunds (although nothing to set expectations on how long it will take), however I've just re-read the latest of these emails and seen that they used misleading language and I've misunderstood what was happening.
The email said they would refund automatically to your account and you only needed to fill out a form if you wanted a 'cash refund'. Unfortunately, when they say 'account' they mean Goodwood account, not bank account and by 'cash refund' they don't actually mean cash, they mean bank account.
So, I thought it was all in hand but I've now realised I've missed their deadline for requesting to get the actual money back and instead it will be refunded to my 'goodwood account'. I don't want to buy anything else from them I want my money back.
I've tried contacting them on Facebook, they just trotted out the same line 'if you filled the form out you'll get it back to your bank account, otherwise it'll go to your goodwood account, we're very busy if you have any further queries contact our ticket office'.
I tried calling the ticket office and they have a recorded message saying much the same thing and to only hold on if you're calling about 'something else'.
So what to do now? I've not received anything back in my Goodwood account either but I DID pay for the tickets on my Barclaycard. Should I contact Barclaycard and ask them to process a refund under Section 75 so I actually get the money back rather than credit on the Goodwood website, or is this unfair?

How much was each ticket?

In effect they have not breeched their T/C as they have refunded you, just not how you wanted, due to not filling in the form. So I can see Barclaycard rejecting the S75 on that basis. That is if each ticket was over £100. If not then there is no claim.

They've not refunded - they've kept the OP's money in their account.

As far as card regulations go. If retailer can prove they have refunded, then chargeback will fail.

Card regs are over & above your consumer rights, & do not mirror them.

prowla

born_again said:

prowla said:

born_again said:

mxxx said:

I had tickets booked to the Goodwood Festival of Speed for the first time ever this year (was very excited) unfortunately the event was cancelled (and they only said at about 10pm the night before). They've promised everyone who had tickets for that day (saturday 15th July) a refund but I've yet to receive mine and from what I can see they are being very slow at processing the refunds.
I've had two emails from them detailing what will happen with the refunds (although nothing to set expectations on how long it will take), however I've just re-read the latest of these emails and seen that they used misleading language and I've misunderstood what was happening.
The email said they would refund automatically to your account and you only needed to fill out a form if you wanted a 'cash refund'. Unfortunately, when they say 'account' they mean Goodwood account, not bank account and by 'cash refund' they don't actually mean cash, they mean bank account.
So, I thought it was all in hand but I've now realised I've missed their deadline for requesting to get the actual money back and instead it will be refunded to my 'goodwood account'. I don't want to buy anything else from them I want my money back.
I've tried contacting them on Facebook, they just trotted out the same line 'if you filled the form out you'll get it back to your bank account, otherwise it'll go to your goodwood account, we're very busy if you have any further queries contact our ticket office'.
I tried calling the ticket office and they have a recorded message saying much the same thing and to only hold on if you're calling about 'something else'.
So what to do now? I've not received anything back in my Goodwood account either but I DID pay for the tickets on my Barclaycard. Should I contact Barclaycard and ask them to process a refund under Section 75 so I actually get the money back rather than credit on the Goodwood website, or is this unfair?

How much was each ticket?

In effect they have not breeched their T/C as they have refunded you, just not how you wanted, due to not filling in the form. So I can see Barclaycard rejecting the S75 on that basis. That is if each ticket was over £100. If not then there is no claim.

They've not refunded - they've kept the OP's money in their account.

As far as card regulations go. If retailer can prove they have refunded, then chargeback will fail.

Card regs are over & above your consumer rights, & do not mirror them.

...and has the purchaser had their money returned; ie. refunded?.

born_again

prowla said:

born_again said:

prowla said:

born_again said:

mxxx said:

I had tickets booked to the Goodwood Festival of Speed for the first time ever this year (was very excited) unfortunately the event was cancelled (and they only said at about 10pm the night before). They've promised everyone who had tickets for that day (saturday 15th July) a refund but I've yet to receive mine and from what I can see they are being very slow at processing the refunds.
I've had two emails from them detailing what will happen with the refunds (although nothing to set expectations on how long it will take), however I've just re-read the latest of these emails and seen that they used misleading language and I've misunderstood what was happening.
The email said they would refund automatically to your account and you only needed to fill out a form if you wanted a 'cash refund'. Unfortunately, when they say 'account' they mean Goodwood account, not bank account and by 'cash refund' they don't actually mean cash, they mean bank account.
So, I thought it was all in hand but I've now realised I've missed their deadline for requesting to get the actual money back and instead it will be refunded to my 'goodwood account'. I don't want to buy anything else from them I want my money back.
I've tried contacting them on Facebook, they just trotted out the same line 'if you filled the form out you'll get it back to your bank account, otherwise it'll go to your goodwood account, we're very busy if you have any further queries contact our ticket office'.
I tried calling the ticket office and they have a recorded message saying much the same thing and to only hold on if you're calling about 'something else'.
So what to do now? I've not received anything back in my Goodwood account either but I DID pay for the tickets on my Barclaycard. Should I contact Barclaycard and ask them to process a refund under Section 75 so I actually get the money back rather than credit on the Goodwood website, or is this unfair?

How much was each ticket?

In effect they have not breeched their T/C as they have refunded you, just not how you wanted, due to not filling in the form. So I can see Barclaycard rejecting the S75 on that basis. That is if each ticket was over £100. If not then there is no claim.

They've not refunded - they've kept the OP's money in their account.

As far as card regulations go. If retailer can prove they have refunded, then chargeback will fail.

Card regs are over & above your consumer rights, & do not mirror them.

...and has the purchaser had their money returned; ie. refunded?.

Yes. It's in their "Goodwood Account"

Like non receipt of goods, & not mattering where they are delivered. Only that they are. Same for a refund. 🤷‍♀️

JES_F1

Okell said:

I've always wanted to go to the Festival of Speed.  Don't think I'll bother now...

This was the first time the event had to be cancelled in its 30-year history (apart from 2020 for Covid).  It had to be cancelled due to strong winds (over 55mph) and storms forecast for the Saturday.  The other three days of this year's event went ahead as planned.