Cancelled Festival - No Refund

FoxFace70

Hi

I hope I'm posting correctly as I'm a lurker rather than a poster.
But I'm hoping for some MSE Forum help and advice please.

Towards the end of last year my daughter, her partner and I saw an advert for a new festival which sounded great.

International headliners, free BBQ, fair and posh loos! Alarm bells should probably have rung straight away but, along with lots of others, we signed up!

We opted for monthly direct debit payments from my daughter's bank account via Go Cardless.

We started to think things didn't bode well when line up announcements were promised but kept being postponed.

Eventually an announcement came out from music promotors associated with the festival that they were no longer involved and wished to distance themselves from the event. 

At this point, people began to ask for refunds and as far as I know, some of them were honoured.

We held out - in our innocence - as the chap in charge of the whole thing posted that this was a temporary set back and that the festival was still 100% going ahead. 

So, it's by now obvious where my post is going!
Finally, an announcement came that the festival was now cancelled.

Customers who purchased their tickets via Eventbrite were advised to contact Eventbrite to secure their refunds. Everyone else was told that their refunds would be issued automatically in due course.

Despite allowing a few weeks grace, we have heard and received nothing.
The event was officially cancelled on 7th April. At that point the organiser closed his own social media accounts and disappeared.

I have emailed the original contact address several times but constantly receive an automated reply that purchasers can get their refunds from Eventbrite.

For a number of us, this is not the case.
Some people contacted their own banks and have received refunds either as a charge back or via the Direct Debit indemnity guarantee.

However!!!!
My daughter's bank is refusing a refund as the issue does not meet their criteria for a refund. 
Go Cardless - the facilitator - say it's nothing to do with them and to take it up with the bank.

In desperation we spoke to CAB who seem to think that the bank should be responsible but if they won't help then our next step is to take the matter to the small claims court.

I really just wanted to see if anyone can help. 

We are upset, stressed, feel like utter mugs who are now being passed around from pillar to post as well as being more than £500 out of pocket.

I've considered writing to the original organiser directly as his details are on gov.uk but don't want to inadvertently take the wrong course of action.

I'm also not at all familiar with small claims so would very much appreciate some pointers. Does it cost us anything to pursue the case?

I understand that several vendors at the festival are also still out of pocket...

Thank you in advance for reading my ramble!

MattMattMattUK

FoxFace70 said:

Hi

I hope I'm posting correctly as I'm a lurker rather than a poster.
But I'm hoping for some MSE Forum help and advice please.

Towards the end of last year my daughter, her partner and I saw an advert for a new festival which sounded great.

International headliners, free BBQ, fair and posh loos! Alarm bells should probably have rung straight away but, along with lots of others, we signed up!

We opted for monthly direct debit payments from my daughter's bank account via Go Cardless.

We started to think things didn't bode well when line up announcements were promised but kept being postponed.

Eventually an announcement came out from music promotors associated with the festival that they were no longer involved and wished to distance themselves from the event. 

At this point, people began to ask for refunds and as far as I know, some of them were honoured.

We held out - in our innocence - as the chap in charge of the whole thing posted that this was a temporary set back and that the festival was still 100% going ahead. 

So, it's by now obvious where my post is going!
Finally, an announcement came that the festival was now cancelled.

Customers who purchased their tickets via Eventbrite were advised to contact Eventbrite to secure their refunds. Everyone else was told that their refunds would be issued automatically in due course.

Despite allowing a few weeks grace, we have heard and received nothing.
The event was officially cancelled on 7th April. At that point the organiser closed his own social media accounts and disappeared.

I have emailed the original contact address several times but constantly receive an automated reply that purchasers can get their refunds from Eventbrite.

For a number of us, this is not the case.
Some people contacted their own banks and have received refunds either as a charge back or via the Direct Debit indemnity guarantee.

However!!!!
My daughter's bank is refusing a refund as the issue does not meet their criteria for a refund. 
Go Cardless - the facilitator - say it's nothing to do with them and to take it up with the bank.

In desperation we spoke to CAB who seem to think that the bank should be responsible but if they won't help then our next step is to take the matter to the small claims court.

I really just wanted to see if anyone can help. 

We are upset, stressed, feel like utter mugs who are now being passed around from pillar to post as well as being more than £500 out of pocket.

I've considered writing to the original organiser directly as his details are on gov.uk but don't want to inadvertently take the wrong course of action.

I'm also not at all familiar with small claims so would very much appreciate some pointers. Does it cost us anything to pursue the case?

I understand that several vendors at the festival are also still out of pocket...

Thank you in advance for reading my ramble!

So for clarity, did you buy through Eventbrite or not?

How did you pay, debit card, credit card, bank transfer, Direct Debit, something else?

powerful_Rogue

FoxFace70 said:

Hi

I hope I'm posting correctly as I'm a lurker rather than a poster.
But I'm hoping for some MSE Forum help and advice please.

Towards the end of last year my daughter, her partner and I saw an advert for a new festival which sounded great.

International headliners, free BBQ, fair and posh loos! Alarm bells should probably have rung straight away but, along with lots of others, we signed up!

We opted for monthly direct debit payments from my daughter's bank account via Go Cardless.

We started to think things didn't bode well when line up announcements were promised but kept being postponed.

Eventually an announcement came out from music promotors associated with the festival that they were no longer involved and wished to distance themselves from the event. 

At this point, people began to ask for refunds and as far as I know, some of them were honoured.

We held out - in our innocence - as the chap in charge of the whole thing posted that this was a temporary set back and that the festival was still 100% going ahead. 

So, it's by now obvious where my post is going!
Finally, an announcement came that the festival was now cancelled.

Customers who purchased their tickets via Eventbrite were advised to contact Eventbrite to secure their refunds. Everyone else was told that their refunds would be issued automatically in due course.

Despite allowing a few weeks grace, we have heard and received nothing.
The event was officially cancelled on 7th April. At that point the organiser closed his own social media accounts and disappeared.

I have emailed the original contact address several times but constantly receive an automated reply that purchasers can get their refunds from Eventbrite.

For a number of us, this is not the case.
Some people contacted their own banks and have received refunds either as a charge back or via the Direct Debit indemnity guarantee.

However!!!!
My daughter's bank is refusing a refund as the issue does not meet their criteria for a refund. 
Go Cardless - the facilitator - say it's nothing to do with them and to take it up with the bank.

In desperation we spoke to CAB who seem to think that the bank should be responsible but if they won't help then our next step is to take the matter to the small claims court.

I really just wanted to see if anyone can help. 

We are upset, stressed, feel like utter mugs who are now being passed around from pillar to post as well as being more than £500 out of pocket.

I've considered writing to the original organiser directly as his details are on gov.uk but don't want to inadvertently take the wrong course of action.

I'm also not at all familiar with small claims so would very much appreciate some pointers. Does it cost us anything to pursue the case?

I understand that several vendors at the festival are also still out of pocket...

Thank you in advance for reading my ramble!

For a claim of £500 it will cost a £50 court fee and £59 hearing fee. You'll need to make sure you make the claim against the correct entity and have an address for service of documents. Who did you pay?

born_again

Sadly you are going to become a creditor & maybe lucky to get pennies in the pound back.
Small claims will just be throwing money down the drain if they have no money.

CAB are wrong if it is a DD

DD's does not have cover for non receipt of goods or services.

The DD guarantee covers only.

Here’s the formal bit:

The Guarantee

• The Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits

• If there are any changes to the amount, date or frequency of your Direct Debit the organisation will notify you (normally 10 working days) in advance of your account being debited or as otherwise agreed. If you request the organisation to collect a payment, confirmation of the amount and date will be given to you at the time of the request

• If an error is made in the payment of your Direct Debit, by the organisation or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society

• • If you receive a refund you are not entitled to, you must pay it back when the organisation asks you to

• You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify the organisation.

FoxFace70

powerful_Rogue said:

FoxFace70 said:

Hi

I hope I'm posting correctly as I'm a lurker rather than a poster.
But I'm hoping for some MSE Forum help and advice please.

Towards the end of last year my daughter, her partner and I saw an advert for a new festival which sounded great.

International headliners, free BBQ, fair and posh loos! Alarm bells should probably have rung straight away but, along with lots of others, we signed up!

We opted for monthly direct debit payments from my daughter's bank account via Go Cardless.

We started to think things didn't bode well when line up announcements were promised but kept being postponed.

Eventually an announcement came out from music promotors associated with the festival that they were no longer involved and wished to distance themselves from the event. 

At this point, people began to ask for refunds and as far as I know, some of them were honoured.

We held out - in our innocence - as the chap in charge of the whole thing posted that this was a temporary set back and that the festival was still 100% going ahead. 

So, it's by now obvious where my post is going!
Finally, an announcement came that the festival was now cancelled.

Customers who purchased their tickets via Eventbrite were advised to contact Eventbrite to secure their refunds. Everyone else was told that their refunds would be issued automatically in due course.

Despite allowing a few weeks grace, we have heard and received nothing.
The event was officially cancelled on 7th April. At that point the organiser closed his own social media accounts and disappeared.

I have emailed the original contact address several times but constantly receive an automated reply that purchasers can get their refunds from Eventbrite.

For a number of us, this is not the case.
Some people contacted their own banks and have received refunds either as a charge back or via the Direct Debit indemnity guarantee.

However!!!!
My daughter's bank is refusing a refund as the issue does not meet their criteria for a refund. 
Go Cardless - the facilitator - say it's nothing to do with them and to take it up with the bank.

In desperation we spoke to CAB who seem to think that the bank should be responsible but if they won't help then our next step is to take the matter to the small claims court.

I really just wanted to see if anyone can help. 

We are upset, stressed, feel like utter mugs who are now being passed around from pillar to post as well as being more than £500 out of pocket.

I've considered writing to the original organiser directly as his details are on gov.uk but don't want to inadvertently take the wrong course of action.

I'm also not at all familiar with small claims so would very much appreciate some pointers. Does it cost us anything to pursue the case?

I understand that several vendors at the festival are also still out of pocket...

Thank you in advance for reading my ramble!

For a claim of £500 it will cost a £50 court fee and £59 hearing fee. You'll need to make sure you make the claim against the correct entity and have an address for service of documents. Who did you pay?

Thank you for your reply 😊
Our payments were to the original organiser's company.

FoxFace70

born_again said:

Sadly you are going to become a creditor & maybe lucky to get pennies in the pound back.
Small claims will just be throwing money down the drain if they have no money.

CAB are wrong if it is a DD

DD's does not have cover for non receipt of goods or services.

The DD guarantee covers only.

Here’s the formal bit:

The Guarantee

• The Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits

• If there are any changes to the amount, date or frequency of your Direct Debit the organisation will notify you (normally 10 working days) in advance of your account being debited or as otherwise agreed. If you request the organisation to collect a payment, confirmation of the amount and date will be given to you at the time of the request

• If an error is made in the payment of your Direct Debit, by the organisation or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society

• • If you receive a refund you are not entitled to, you must pay it back when the organisation asks you to

• You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify the organisation.

Thank you.
It makes sense but also doesn't as several other people who paid in exactly the same way as us have been refunded by their banks 😞 

FoxFace70

MattMattMattUK said:

FoxFace70 said:

Hi

I hope I'm posting correctly as I'm a lurker rather than a poster.
But I'm hoping for some MSE Forum help and advice please.

Towards the end of last year my daughter, her partner and I saw an advert for a new festival which sounded great.

International headliners, free BBQ, fair and posh loos! Alarm bells should probably have rung straight away but, along with lots of others, we signed up!

We opted for monthly direct debit payments from my daughter's bank account via Go Cardless.

We started to think things didn't bode well when line up announcements were promised but kept being postponed.

Eventually an announcement came out from music promotors associated with the festival that they were no longer involved and wished to distance themselves from the event. 

At this point, people began to ask for refunds and as far as I know, some of them were honoured.

We held out - in our innocence - as the chap in charge of the whole thing posted that this was a temporary set back and that the festival was still 100% going ahead. 

So, it's by now obvious where my post is going!
Finally, an announcement came that the festival was now cancelled.

Customers who purchased their tickets via Eventbrite were advised to contact Eventbrite to secure their refunds. Everyone else was told that their refunds would be issued automatically in due course.

Despite allowing a few weeks grace, we have heard and received nothing.
The event was officially cancelled on 7th April. At that point the organiser closed his own social media accounts and disappeared.

I have emailed the original contact address several times but constantly receive an automated reply that purchasers can get their refunds from Eventbrite.

For a number of us, this is not the case.
Some people contacted their own banks and have received refunds either as a charge back or via the Direct Debit indemnity guarantee.

However!!!!
My daughter's bank is refusing a refund as the issue does not meet their criteria for a refund. 
Go Cardless - the facilitator - say it's nothing to do with them and to take it up with the bank.

In desperation we spoke to CAB who seem to think that the bank should be responsible but if they won't help then our next step is to take the matter to the small claims court.

I really just wanted to see if anyone can help. 

We are upset, stressed, feel like utter mugs who are now being passed around from pillar to post as well as being more than £500 out of pocket.

I've considered writing to the original organiser directly as his details are on gov.uk but don't want to inadvertently take the wrong course of action.

I'm also not at all familiar with small claims so would very much appreciate some pointers. Does it cost us anything to pursue the case?

I understand that several vendors at the festival are also still out of pocket...

Thank you in advance for reading my ramble!

So for clarity, did you buy through Eventbrite or not?

How did you pay, debit card, credit card, bank transfer, Direct Debit, something else?

Sorry, that was a lot of information I bombarded everyone with! 
No, we did not pay via Eventbrite.
We paid the original organiser's company from my daughter's bank account via Go Cardless as a monthly direct debit 🫣

saajan_12

Your claim is therefore only with the organiser's company. If that's bankrupt then you join their list of creditors. 

The direct debit guarantee only covers if the payments were unauthorised, but at the time you did intend to pay, so that doesn't help. Its nothing like credit card protection. Effort on ombudsmans and banks is pointless as they're correct, its not their responsibility who you chose take a risk on. 

Aylesbury_Duck

FoxFace70 said:

born_again said:

Sadly you are going to become a creditor & maybe lucky to get pennies in the pound back.
Small claims will just be throwing money down the drain if they have no money.

CAB are wrong if it is a DD

DD's does not have cover for non receipt of goods or services.

The DD guarantee covers only.

Here’s the formal bit:

The Guarantee

• The Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits

• If there are any changes to the amount, date or frequency of your Direct Debit the organisation will notify you (normally 10 working days) in advance of your account being debited or as otherwise agreed. If you request the organisation to collect a payment, confirmation of the amount and date will be given to you at the time of the request

• If an error is made in the payment of your Direct Debit, by the organisation or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society

• • If you receive a refund you are not entitled to, you must pay it back when the organisation asks you to

• You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify the organisation.

Thank you.
It makes sense but also doesn't as several other people who paid in exactly the same way as us have been refunded by their banks 😞 

It may be that their banks made discretionary refunds, or that the process wasn't exactly the same.  If your daughter's bank won't refund because it doesn't meet the criteria, then that's that.  You are left with small claims action, but as pointed out, there may be no money with which to pay you when you win.

I'd certainly write a letter before action to the person or entity you paid, threatening court action.  The cost to you is a stamp and you never know, it might generate a response.  You can then decide whether to try court action or whether to cut your losses and write the £500 off.

QrizB

FoxFace70 said:
No, we did not pay via Eventbrite.
We paid the original organiser's company from my daughter's bank account via Go Cardless as a monthly direct debit 🫣

Is that company - the one you were paying - still trading, or has it been wound up? Is there anything relevant on its page at Companies House?

FoxFace70

QrizB said:

FoxFace70 said:
No, we did not pay via Eventbrite.
We paid the original organiser's company from my daughter's bank account via Go Cardless as a monthly direct debit 🫣

Is that company - the one you were paying - still trading, or has it been wound up? Is there anything relevant on its page at Companies House?

It looks to me like it's still trading - it certainly exists on Companies House as current/active 🤔