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Journey failed by transport company, offered vouchers not cash refund

2»

Comments

  • Okell
    Okell Posts: 3,027 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 20 September at 3:45PM
    outtatune said:
    If you do decide to go to court, just bear in mind that the district judge will want to know how they figured out how to get on but not your wife.
    If the ticket was for that specific journey there is a chance of succeeding in court but it wasn't 
    I don’t think it matters that it’s open, the contract was to travel by coach at any point for one return journey.

    OP wasn’t able to do that at the point they needed so the service doesn’t conform to the contract. 
    Yes,

    Seems to me that the coach company has admitted not providing the service with reasonable care and skill so in breach of s49 CRA and the OP is entitled to a (I would say full) - refund under s54.

    Having failed to provide the outward journey to her, the return becomes irrelevant

    And under s20(16) the coach company must refund by the same method as the consumer used to pay
  • Grumpy_chap
    Grumpy_chap Posts: 18,686 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Okell said:
    outtatune said:
    If you do decide to go to court, just bear in mind that the district judge will want to know how they figured out how to get on but not your wife.
    If the ticket was for that specific journey there is a chance of succeeding in court but it wasn't 
    I don’t think it matters that it’s open, the contract was to travel by coach at any point for one return journey.

    OP wasn’t able to do that at the point they needed so the service doesn’t conform to the contract. 
    Yes,

    Seems to me that the coach company has admitted not providing the service with reasonable care and skill so in breach of s49 CRA and the OP is entitled to a (I would say full) - refund under s54.

    Having failed to provide the outward journey to her, the return becomes irrelevant

    And under s20(16) the coach company must refund by the same method as the consumer used to pay
    Plus the ticket was over £100 so S75 might be available if the coach company fail to refund, particularly as the OP has the statement that the coach company failed to deliver a viable service.
  • outtatune
    outtatune Posts: 813 Forumite
    Fourth Anniversary 500 Posts Name Dropper
    Okell said:
    outtatune said:
    If you do decide to go to court, just bear in mind that the district judge will want to know how they figured out how to get on but not your wife.
    If the ticket was for that specific journey there is a chance of succeeding in court but it wasn't 
    I don’t think it matters that it’s open, the contract was to travel by coach at any point for one return journey.

    OP wasn’t able to do that at the point they needed so the service doesn’t conform to the contract. 
    Yes,

    Seems to me that the coach company has admitted not providing the service with reasonable care and skill so in breach of s49 CRA and the OP is entitled to a (I would say full) - refund under s54.

    Having failed to provide the outward journey to her, the return becomes irrelevant

    And under s20(16) the coach company must refund by the same method as the consumer used to pay
    I read the OP as the coach company providing a customer service 'here's a voucher if you'll just please go away' apology, not necessarily an acceptance of legal liability.
  • Okell
    Okell Posts: 3,027 Forumite
    1,000 Posts Second Anniversary Name Dropper
    outtatune said:
    Okell said:
    outtatune said:
    If you do decide to go to court, just bear in mind that the district judge will want to know how they figured out how to get on but not your wife.
    If the ticket was for that specific journey there is a chance of succeeding in court but it wasn't 
    I don’t think it matters that it’s open, the contract was to travel by coach at any point for one return journey.

    OP wasn’t able to do that at the point they needed so the service doesn’t conform to the contract. 
    Yes,

    Seems to me that the coach company has admitted not providing the service with reasonable care and skill so in breach of s49 CRA and the OP is entitled to a (I would say full) - refund under s54.

    Having failed to provide the outward journey to her, the return becomes irrelevant

    And under s20(16) the coach company must refund by the same method as the consumer used to pay
    I read the OP as the coach company providing a customer service 'here's a voucher if you'll just please go away' apology, not necessarily an acceptance of legal liability.
    Unless the OP is putting words into the mouth of the coach company that's not how I read

    ...  After several months they replied to say that they had done an internal investigation, which found that they had failed with their displays and announcements. They accepted full responsibility for the failure to get her on the bus at the right time, ...





  • outtatune said:
    Were other passengers on the coach when it left?

    Presumably the driver wouldn't have simply driven off with nobody on board.

    If you do decide to go to court, just bear in mind that the district judge will want to know how they figured out how to get on but not your wife.
    No idea if anyone actually made it onto the bus but there must have been nearly a dozen angry passengers at the gate who didn't make it onto the bus. 

    Following suggestions higher up I spoke to my credit card company who have offered to pursue things given the email trail from the company admitting responsibility so will see if that resolves the issue. 

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