Viagogo - Can I Stop Them Charging Me For Cancelling a Sale?

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  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    Youngsy1980 wrote: »
    The incredibly rude customer service agent refused to accept that gmail & googlemail are interchangeable
    Whilst they are certainly interchangeable in that an e-mail sent to one address can be accessed from the other, as far as computer systems run by other businesses are concerned, they are two entirely separate e-mail accounts.

    Even though you were using a link provided by Viagogo to cancel the sale, by putting different e-mail details to those used when originally listing the tickets for sale, you made it impossible for their computer system to connect you to the account.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    marliepanda wrote: »
    But they didn’t withdraw. They sent an email from another email address saying to cancel.

    The seller of the tickets did not communicate to them. Someone with another email address (albeit similar) asked to cancel their listings and viagogo said ‘you don’t have any’ which THAT email didn’t.

    OP didn't say what email he contacted them with. He may have used the other one (the one his account wasn't listed on) or he may have used a third one that isn't linked to any account. But nowhere in their T&C's does it state you need to contact them from the registered email address (because that would be an unfair term). Theres also the strong possibility that OP told them the listing details - because if a company comes back and says "we have nothing under your name" you're probably going to reply something like "there was a listing for 4 tickets to orbital that I made on x date".


    soolin wrote: »
    As per marliepanda's post suggests I think you might have misread the OP. The seller's email address wasn't used to cancel the sale- just a similar one which they rightly ignored. Imagine the scenario if anyone using a look a like email could interfere with another users account. Say for instance I listed something as soolin@googlemail.com and someone else could set up an email account soolin@gmail.com and have access to my listings. Not only is that an issue for me, but surely an issue to the company under the data protection laws?

    I didn't misread anything - as above theres nothing saying you have to contact them from your registered email address (and if there was, it would be an unfair term).

    No DPA issue - plenty of details the OP could have confirmed to prove his identity. Date of listing, how many tickets, address, DOB, last 4 digits of the registered credit/debit card etc. Kind of amazed by your suggestion of this tbh - how do companies normally satisfy the DPA requirements when a customer contacts them by email when they might never have used email to contact them before, let alone have a registered email address? Or when we contact them by phone?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • marliepanda
    marliepanda Posts: 7,186 Forumite
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    An unfair term?

    This is insane.

    As far as viagogo are concerned person A can not cancel listings on person Bs account. The OP never checked properly on either of their accounts if the listings were cancelled.

    Seriously people need to take responsibility for themselves. If the OP came on here saying that viagogo cancelled their listings because someone else asked them to, and now they have no money for their tickets you!!!8217;d be saying how terrible viagogo had acted in taking someone else!!!8217;s word for it
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    unholyangel wrote: »
    But nowhere in their T&C's does it state you need to contact them from the registered email address (because that would be an unfair term).
    Would it be an unfair term under Swiss law? and if so, which actual law covers it?
  • MothballsWallet
    MothballsWallet Posts: 15,852 Forumite
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    soolin wrote: »
    As per marliepanda's post suggests I think you might have misread the OP. The seller's email address wasn't used to cancel the sale- just a similar one which they rightly ignored. Imagine the scenario if anyone using a look a like email could interfere with another users account. Say for instance I listed something as soolin@googlemail.com and someone else could set up an email account soolin@gmail.com and have access to my listings. Not only is that an issue for me, but surely an issue to the company under the data protection laws?
    Just a side note, but soolin@googlemail.com and soolin@gmail.com are the same email address: Google moved the @googlemail.com addresses over to their @gmail.com equivalents a number of years ago.
  • marliepanda
    marliepanda Posts: 7,186 Forumite
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    MothballsWallet wrote: »
    Just a side note, but soolin@googlemail.com and soolin@gmail.com are the same email address: Google moved the @googlemail.com addresses over to their @gmail.com equivalents a number of years ago.

    Only for email.

    You can still setup accounts with both emails.

    The only time it is interchangeable is for actual emails. Sounds like the OP was logged into the incorrect account initially whilst messaging viagogo and couldn’t cancel his listings (or going round in circles as described in the OP) because he didn’t have any listings.

    OP, IMO, did not do enough to ensure his listings were cancelled. He never got cancellation confirmation and never checked his accounts properly. All he did was get a response saying ‘account X has no active listings’ which was factually correct.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    shaun_from_Africa wrote: »
    Would it be an unfair term under Swiss law? and if so, which actual law covers it?

    All of our consumer rights come from EU law - all of them.

    Switzerland is not part of the EU etc but they are part of the single market and as such, have to adopt EU laws (at least as far as they pertain to the single market) - although they don't get any input into what those laws are.

    I would've thought everyone would be aware of nuances like that given they've been discussed in detail over the last 2 years since the vote on brexit.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
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    unholyangel wrote: »
    OP didn't say what email he contacted them with. He may have used the other one (the one his account wasn't listed on) or he may have used a third one that isn't linked to any account. But nowhere in their T&C's does it state you need to contact them from the registered email address (because that would be an unfair term). Theres also the strong possibility that OP told them the listing details - because if a company comes back and says "we have nothing under your name" you're probably going to reply something like "there was a listing for 4 tickets to orbital that I made on x date".





    I didn't misread anything - as above theres nothing saying you have to contact them from your registered email address (and if there was, it would be an unfair term).

    No DPA issue - plenty of details the OP could have confirmed to prove his identity. Date of listing, how many tickets, address, DOB, last 4 digits of the registered credit/debit card etc. Kind of amazed by your suggestion of this tbh - how do companies normally satisfy the DPA requirements when a customer contacts them by email when they might never have used email to contact them before, let alone have a registered email address? Or when we contact them by phone?

    What you say would hold some merit if there was just one account, or if they were informed of the possibility of multiple accounts, however OP had somehow managed to create two separate accounts, one using each email address so while it may be a valid argument for him to have contacted them from xxx@outlook.com as a completely different address from one used on an account giving all of the details to confirm identity he instead contacted them from an email address of one of their account holders and didn't do anything to specify to them that it was a different account he was contacting them about.

    They are not mind readers so if one of their members contacts them from a registered email address it would be entirely fair for them to assume that it is the account being questioned, why would they even consider that it may be a different account unless they are told? It may well be a breach of their terms holding more than one account in the first place.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    Fosterdog wrote: »
    What you say would hold some merit if there was just one account, or if they were informed of the possibility of multiple accounts, however OP had somehow managed to create two separate accounts, one using each email address so while it may be a valid argument for him to have contacted them from xxx@outlook.com as a completely different address from one used on an account giving all of the details to confirm identity he instead contacted them from an email address of one of their account holders and didn't do anything to specify to them that it was a different account he was contacting them about.

    They are not mind readers so if one of their members contacts them from a registered email address it would be entirely fair for them to assume that it is the account being questioned, why would they even consider that it may be a different account unless they are told? It may well be a breach of their terms holding more than one account in the first place.

    Why would they have to be mind readers? Particularly if OP told them the listing reference/gave them the link to the listing.

    I've been in similar circumstances (as their customer service agents) and in those circumstances you might ask them if they're sure it was definitely our company (people do sometimes get confused), do they have a reference number, whats their details/if they might have used different details etc.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • marliepanda
    marliepanda Posts: 7,186 Forumite
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    unholyangel wrote: »
    Why would they have to be mind readers? Particularly if OP told them the listing reference/gave them the link to the listing.

    I've been in similar circumstances (as their customer service agents) and in those circumstances you might ask them if they're sure it was definitely our company (people do sometimes get confused), do they have a reference number, whats their details/if they might have used different details etc.

    Considering the OP couldn’t even find his listing on his account I somehow doubt he sent them a link. He said he asked them to make sure there were no active listings ‘in his name’

    There not going to cancel all listings in his name, as I’m sure John smith and peter jones would be rather annoyed if their listings all got cancelled. We’re there any listings under the user name he provided? No.
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