Suing ViaGoGo, watch this space...!

KatherineCardill · 23 September 2017 at 8:53PM

Hello all,

I was recently mug enough to buy Michael Macintyre tickets from ViaGoGo - the usual story: I got pressured into buying (countdown clock ticking etc), extortionate fees, yuddah yuddah.

I regretted it immediately, and belatedly started reading all the online reviews... now I'm not even confident my tickets will arrive!

As you all know, alas there's no way to talk to them, no email address, only automated responses from their Customer Services page, they don't allow cancellations ... Again, yuddah yuddah.

Cue some hasty research into my consumer rights, and if I don't get a refund I'll be taking them to the Small Claims Court. It's early days yet but I'll keep you posted.

In the meantime, here's an extract from my first written letter to them, with details of the relevant legislation. Feel free to use this wording yourselves.

=========

"I remind you that ViaGoGo is in breach of its legal obligations in this matter:

You failed to provide obligatory information in a “durable medium” (ie by email or in writing), specifically:
- You failed to provide confirmation of the contract. See Part 2, Chapter 1, Section 16(1) of The Consumer Contracts Regulation (Information, Cancellation and Additional Charges) Regulations 2013.
- You failed to provide your geographical address, or any other effective means of communication, thereby making it impossible for me to contact you quickly or efficiently. See Part 2, Chapter 1, Section 13(1) and Schedule 2(c) of the same regulation.
- You failed to provide the required information relating to my right to cancel the contract. See Part 2, Chapter 1, Section 13(1) and Schedule 2(l) of the same regulation.
You denied your obligation to allow me to cancel the contract, despite the contract falling within the scope of the above regulation (see Part 3, Sections 27 and 28)
You failed to provide the means of cancelling the contract, as required under Part 2, Chapter 1, Section 13(1)b of the above regulation.

Therefore, in compliance with the Model Cancellation Form given in the above regulation, I hereby give notice that I cancel my contract of sale of the following goods:
Order ID: XXX

Ordered on: XXX
Name of consumer: XXX
Address of consumer: XXX

Please reimburse me the full cost (£XXX) of this transaction, including taxes, fees and delivery costs."

CatDaly · 2 October 2017 at 1:43PM

I did the exact same thing on Friday, and I am now wondering if there is any way to get a refund?

BorisThomson · 2 October 2017 at 2:34PM

How is your knowledge of Swiss law? That's the jurisdiction under which your contract falls.

Lorian · 2 October 2017 at 2:40PM

Radio 4 news lunchtime said a number of customers have recently been successful in getting their banks to do charge-backs. There is apparently some twitter or facebook group called something like "via gogo victim" where there will no doubt be more information. I was only half listening

waamo · 2 October 2017 at 8:08PM

Viagogo are ticket touts. I've never heard of a tout being sued, especially a Swiss tout.

KatherineCardill · 7 October 2017 at 9:15PM

OK so having received no reply by phone / email / writing (well we didn't expect to did we!), we're at Step 2: Formal warning of intent to sue.

The letter went in the post today and I've given them 14 days to respond.

For those of you who think there's no chance of success, fear not! Viagogo are subject to the same distance selling regulation as anyone else (see Consumer Contracts Regulation 2013). Match.com are based in Denmark and they're notorious, but I took them through the same process and they coughed up.

So a little more optimism please ladies and gents. I'll keep you posted when it's time for Step 3!

waamo · 9 October 2017 at 4:00PM

Match.com have a UK address and physical presence which means you can use the UK court system.

Viagogo has no UK address or physical presence making things a whole lot harder.

IAmWales · 9 October 2017 at 6:02PM

Have you even bothered to read the terms and conditions?

This Agreement shall be governed by and interpreted in accordance with the Swiss laws. You consent to the exclusive personal jurisdiction and venue of Swiss courts. viagogo AG is registered in Switzerland, Company No. CH-270.3.014.628-0 with the registered address: Boulevard Georges Favon 43, 1204 Geneva, Switzerland

Where are you going to sue them?

KatherineCardill · 28 October 2017 at 9:48PM

I repeat, a little optimism please. Some courtesy wouldn't go amiss Wales either.

ViaGoGo are indeed Swiss. But VGL Services are not, and they're very keen to keep this cosy little relationship quiet. So Step 3, submit claim to Small Claims Court. Should have done it several days ago actually but the day job got in the way.

Will let you know how I get on.

Ian.DR · 30 November 2017 at 9:30PM

Looking forward to hearing how it goes. My wife and myself have just fallen victim tonight. Maybe we should consider a class action against Google for enabling a criminal enterprise, as they seem the first ticket sale site that pops up on search.

PaulDale · 8 December 2017 at 11:30PM

Good for you Katherine! I saw your recent post on Facebook group Victims of Viagogo, saying the court entered the judgement in your favour.
Hope you don't mind me asking, are you a solicitor? You seem to know your way around consumer law...

Suing ViaGoGo, watch this space...!

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