Small Claims Court Living Social

lovehols · 12 June 2017 at 11:31PM

I purchased a voucher from Living Social in November 2015 for my dad's birthday in December 2015 for just shy of £100 for a flight with Blue Eye Aviation for a Tiger Moth flight. I rung up just after Christmas, in January 2016 to attempt to book the flight (it took a while to get hold off the company) and as they only operate certain months of the year they were already booked up for the whole 2016! The earliest date they could offer was June 2017, so we booked dad in for a few weeks ago.

Two weeks ago, dad was due to go for the flight having had it booked in for over a year. It was only because I decided to ring the company to check what would happen if the weather was bad that I discovered they went out of business and are no longer trading (I believe the airfield was sold). I've emailed, tweeted and tried every which way to get Living Social to respond but they haven't and are completely ignoring me and my contract it with them. I know it's not a huge amount but it is so annoying and I really want to get my money back. Would it be likely I could take them to the Small Claims Court? I know it would cost me £25 but at least I stand a chance of getting some of my money back.

SouthUKMan · 13 June 2017 at 8:01AM

Sorry to hear about this as it was a gift.

Was it a company that went into administration? In which case you could add yourself as a creditor.

Was it a small trader? In which case they remain liable but getting the money can be tricky. Small claims court.

Did the gift cost £100 or more and did you pay by credit card? You could look into a Section 75.

If you paid by debit card, then you are well past the 120 day limit to invoke a chargeback.

If the company has gone out of business, then it's not surprising no one is responding! You need to find out who the directors are. Companies House / Google will be your friend here. Companies House should also be able to tell you if administrators are involved.

steampowered · 13 June 2017 at 1:04PM

I suspect Living Social will say that your contract was with the airfield, not with Living Social.

I looked up Blue Eye Aviation Limited on companies house, and it appears they are in the process of being struck-off. There is no point claiming against an insolvent company.

Unfortunately I don't think you have much chance of getting this back. Unless you paid by credit card or debit card in which case you might be able to claim via your bank.

lovehols · 13 June 2017 at 2:56PM

It cost £89 and I think I paid with a credit card, problem was it was back in November 2015. I was under the impression my contract was with Living Social not the airfield as that is who I purchased the voucher from. Living Social have been less than helpful. I don't think it went into administration, rather just sold the airfield.

I found lots of info on the airfield and company but I'm not clear on exactly who is responsible. I was under the impression it would be Living Social and they should be trying to help me, but have ignored my messages. Here is some info I did find.

http://m.derbytelegraph.co.uk/tiger-moth-biplanes-will-no-longer-be-taking-off-from-ashbourne/story-29793980-detail/story.html

http://m.derbytelegraph.co.uk/tiger-moths-flight-row-is-still-up-in-the-air/story-29841915-detail/story.html

People who got their vouchers through Groupon appear to have faired better as Living Social are just ignoring me.

http://beta.companieshouse.gov.uk/company/07730965/officers

Small Claims Court Living Social

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