Are consumer rights actually upheld by anyone?

sheramber

Does the OP assume “chargeback” was getting a refund  (the charge back) from the company as opposed to a chargeback through her bank.

Merly1_Taz2

It seems that when a case is straight forward and you have the company whereabouts its easily dealt with. I had no problem with Consumer rights here in Scotland. They draughted letters to me each time for varying stages of the complaint towards the small claims court. My initial problem I took to them was resolved by the tradesman where I pointed out more small problems. Waiting to see if he will return.

eskbanker

Merly1_Taz2 said:

It seems that when a case is straight forward and you have the company whereabouts its easily dealt with. I had no problem with Consumer rights here in Scotland. They draughted letters to me each time for varying stages of the complaint towards the small claims court. My initial problem I took to them was resolved by the tradesman where I pointed out more small problems. Waiting to see if he will return.

To be clear, is it Consumer Scotland you're referring to?

Consumer Scotland

Merly1_Taz2

Yes ...they helped in my situation. I only refer to when theyre hands are tied so to speak where they do not have enough information to back a claim up. Is the onus up to them?

Fuzzykitten

Thankyou everyone for your interesting, informative and useful comments. My apologies for the slow response but I have been away for a fortnight in an area with no internet!

Just to clarify to all the points raised moving through the strand #Forgotmyname – The chargeback was made through the bank but the company involved claims that their T&C  allow them to keep the money if I cancel or if they cancel as well.

The phone number was mentioned as I’m now being bombarded with adverts for this company (which strangely I want nothing at all to do with) from a number that can’t be blocked or refused.

This company does not adhere to the STAR standards (they are not members) but sell tickets online directly. I accept that my mistake was paying for the goods by a bank card rather than a credit card (they have had to refund other customers where a credit card was used)

Their T&C are, in my opinion, contrary to UK consumer law:

“If We Make Any Changes to Your Booking

Chic reserves the right to change line up, date, location, amenities or any other logistic as long as they are of a similar or higher standard than originally booked. Your pass is to the Event and is not dependent or conditional on any particular performers(s), venue(s) or DJ(s) or logistic.

You will have the following options if we make a major change to your booking which involves a downgrade in facilities or standards:

accept the alternative arrangements as notified to you; or

change the booking to an alternative Chic event that you (if validly) specifically reserved; or

accept a credit note that can be used for certain Events in future”

They claim that this means they can alter the date of a concert and not make a refund- in effect selling you a ticket to a concert that is changed to their convenience. Fortunately, I only bought the ticket – others pay for accommodation and then lose all their money. The decision to change the date was made over a bank holiday weekend so this strongly suggests to me that I was actually sold a ticket for an event that they already knew was not going ahead (the caravan park confirm that their “refurbishment” was planned months in advance but was used as an excuse for the change)

I started a County Court process in July 24 – The case comes up in April 25 by which time the Company I bought from will claim it has no assets

When I used to hire out a hall, I was responsible for ensuring that the hirer obeyed good practice and laws. The caravan park is aware of this company’s policy but will not pressurise them to adopt the terms of the Consumer Act which clearly state that a refund should be made.

#Keep_Pedalling is quite right in their assessment of the T&C

#Born_again – Good point but the company is now on its fourth iteration in six years – exactly the same T&C, Conditions, concert venue, personnel etc but may claim that the original name has no assets left. They have effectively made a mockery of UK consumer laws.

Merly1_Taz2

It looks like they have carefully checked out all legalities for a get out the back door route to any possibility of others being compensated against them. Unless of course the payment is made by credit card.  I personally dont use a credit card but will check out the legalities in contrast with my direct debit card.

eskbanker

Fuzzykitten said:

This company does not adhere to the STAR standards (they are not members) but sell tickets online directly. I accept that my mistake was paying for the goods by a bank card rather than a credit card (they have had to refund other customers where a credit card was used)

Curious about this comment - paying by credit card opens up the potential to make a section 75 claim against the card provider, who refunds the customer if it's established that there's a breach of contract, but that doesn't entail the merchant refunding, which is what you seem to be implying?

Merly1_Taz2

Iwell i checked my banks  rules on that and right enough claiming on  the section 75 does get a refund but wasnt sure who from.  But with the debit card the purchaser needs to ckaim back from the retailer and throygh charge back, but in some cases this can be claimed through the bank if fraudulent circumstances.

eskbanker

Merly1_Taz2 said:

But with the debit card the purchaser needs to ckaim back from the retailer and throygh charge back, but in some cases this can be claimed through the bank if fraudulent circumstances.

Not really - if the purchaser is unable to resolve a dispute with the retailer then, if eligible, he/she can open a chargeback claim with their card provider (credit or debit) and that provider then reclaims the money from the retailer (strictly their merchant bank), although if the retailer successfully challenges this then the refund is reversed.

In a section 75 scenario (credit card only), the purchaser claims against the card provider and (if successful) the money is refunded by the card provider rather than the retailer.

Fuzzykitten

Just to clarify - went for chargeback and was successful but the concert ticket seller contested it due to T&C as above so the bank decided to refund the chargeback. I assume that if I am successful at County Court I should be able to restart the chargeback with the additional evidence.