Goodwood FOS Cancellation - Section 75?

prowla

born_again said:

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. 🤷‍♀️

That's not returned, since the company is still holding the funds in their system/bank.

The company has to issue the refund using the same means of payment as the customer used to pay in the first place.

sheramber

prowla said:

born_again said:

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. 🤷‍♀️

That's not returned, since the company is still holding the funds in their system/bank.

The company has to issue the refund using the same means of payment as the customer used to pay in the first place.

Unless both parties agree otherwise.

The OP did not send back confirmation that he wanted a refund as Goodwood had requested,  saying without this completed form it would be deposited in a Goodwood account in his  name.

They could claim that signified both parties agreed otherwise.

born_again

prowla said:

That's not returned, since the company is still holding the funds in their system/bank.

The company has to issue the refund using the same means of payment as the customer used to pay in the first place.

I don't write the regulations, but that is how they work. All they have to do is prove they have refunded refund.

As a aside to this, for non receipt of refund chargeback. You need something stating date of refund, amount & last 4 of card. ( Like receipt you would get in shop) If it's not refunded after 15 days then there is a chargeback right.
As Op will not have anything like that, there is no chargeback to action.

prowla

OK - a refund which doesn't return the money; there's a thing...

The company still holds the money.

I hope the OP does get their money back.

RefluentBeans

prowla said:

OK - a refund which doesn't return the money; there's a thing...

The company still holds the money.

I hope the OP does get their money back.

Think the argument is that the S75 won’t work because the value is too small. Chargeback may fail as the company will claim that the refund has been delivered - just as a credit on the account. Chargeback isn’t law, so if the card company (Visa, Mastercard etc) don’t want to get involved because it’s messy, then they haven’t got to. They may feel there’s a double refund opportunity and they have no oversight of if the credit on the account is used, nullified or what. 

Again - OP hasn’t asked for a refund yet. I would imagine that the company may extend the refund opportunity. If not then it’ll be small claims I think. 

DullGreyGuy

prowla said:

OK - a refund which doesn't return the money; there's a thing...

The company still holds the money.

I hope the OP does get their money back.

It'd normally be called a credit note, Amazon for returns give you the option of an instant credit note or a refund to source in 3-5 days.

mxxx

So to update on this
1. I still haven't received a credit to my Goodwood account yet either so currently have nothing from them.

2. After advising on their Facebook chat I was considering alternative options for the refund they've agreed to contact me directly and have referred my details to their ticketing team for the direct contact. It all seems to be very slow moving but it sounds hopeful they may be willing to discuss a proper refund.

The email advising I had to fill out a form for a 'cash refund' was sent on 22nd July and the deadline was 28th July (so 1 week). I don't think this was a very big window and imagine I'm not the only person who's ended up in this position.

This email was a follow-up to one they sent on 15th July advising the refunds would be processed automatically after Friday 21st and that you'd only need to contact them if you wanted tickets to roll over to next years event.

Okell

Keep pressing them for a refund via your original method of payment.

UnicornSystems

I just wanted to chime in and say that I'm in a similar position to the original poster. Having read the email stating "a refund will be automatically issued" I was happy enough, but then missed the email which stated we would have to fill out a form to receive a refund to our original payment method, otherwise it would default to our Goodwood account.

Having read this thread, I contacted Goodwood myself this week, and thankfully I've got some answers which I think might help. Having chatted to someone on Facebook Messenger and informing them that I'd missed the opportunity to fill out the form but still wanted a refund to my bank account, I was advised to call the ticket office and speak to someone.

I did that this morning, and after a brief wait (<5 mins) a member of staff advised that whilst there's nothing they can do to change the refund method now, we'll be able to call the ticket office once the refund is issued to our Goodwood account, and request that it be refunded to our bank account/card.

All this being said, it's been a month and I'm sure people are running out of patience. I'm also hoping they'll have this sorted soon; my order this year was 3x 4 day passes, which means I'm due a refund of over £300.

Okell

UnicornSystems said:

... I did that this morning, and after a brief wait (<5 mins) a member of staff advised that whilst there's nothing they can do to change the refund method now, we'll be able to call the ticket office once the refund is issued to our Goodwood account, and request that it be refunded to our bank account/card...

Well that makes sense.  They're legally obliged to refund back via the original payment method unless the customer expressly agrees otherwise.  I don't see how not doing something (ie not filling in a form) could be construed as express agreement. 

Thanks for the info.