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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to ask... Should I take this to small claims court?

8 replies

HillyMillylunchmunch · 05/11/2018 11:48

About a month ago I bought power the phone a season ticket (actually multi journey punch ticket) for a coach company. They took my payment and said my ticket would be with the driver the next day in the afternoon.

It's for a work bus, my company contacted the coach company to take employees from a meeting point to work, we pay £2 for each journey.

The next morning I said hello to the bus driver, joked about how I had to pay cash this morning but I'd have my season ticket from him that afternoon.

Around lunchtime I got an email linking to a local newspaper story that the coach company had had their operating licence revoked due to dangerous practices, breaking the law tree a number of things they're required to do eg driver breaks.

I called up the coach company and after a bit of to and fro the accounts person said they'd talk to the finance director and sort out a refund for me.

Cost ~£150.

This hasn't happened.

I just spoke to someone at the company who now said I need to take this up with my employer and they won't be issuing me a refund.

My view is they have taken payment for something they've never given me, therefore they need to refund me. If I'd got the ticket and punched it once, as done of my colleagues have, fair enough, they might have more of a point. Howevet it never made it into my hands.

I've drafted an email outlining that I was promised a refund, one hasn't arrived, it's been over a month, and I am requesting a refund within 7 days or I'm taking them to small claims for the money.

Just wanted a few views on whether this was reasonable and whether I've got a hope in hell of getting awarded my money.

The tickets are (I think but I'm not 100%) non transferable and non refundable, but my point is since I didn't receive it then that doesn't apply.

OP posts:
HillyMillylunchmunch · 05/11/2018 11:49

Bought over the phone

OP posts:
HillyMillylunchmunch · 05/11/2018 12:19

Bump so I don't get lost under a mountain of fast moving AIBU

OP posts:
Bootikin · 05/11/2018 12:27

Did you use a credit card? If so raise a dispute with bank.

Debit card, same process. Google distance selling regs (recently replaced but a quick way of finding relevant consumer law). Fairly sure you won’t need to go to court - it should be fixable before it gets to that.

KevinTheYuccaPlant · 05/11/2018 12:32

Yup, agree with Bootikin - you should be able to get a Section 75 refund if you paid by credit card (Section 75 is the bit of the Consumer Credit Act that makes the credit card provider jointly liable for goods or service for purchases over £100) and raise a chargeback with your bank if you paid by debit card.

MrTrebus · 05/11/2018 12:59

Debit or credit card just ask your bank yo start a dispute and they refund you the money whilst they investigate. The company won't have a leg to stand on to say they deserve to keep your money so you'll just get to keep it.

WhatchaMaCalllit · 05/11/2018 13:32

Agree with what has been posted above.

I'm curious though, if they've lost their operating license, how is your employer still able to use their company? Surely there is a safety/liability issue there that needs addressing?

Alfie190 · 05/11/2018 13:45

Also agree it would be much easier to go via your bank.

HillyMillylunchmunch · 05/11/2018 13:52

My employer stopped using them immediately, which is why I never got the ticket as I haven't seen them since the story broke.

Thanks for all the advice, I'll get onto my bank pronto. I thought that was just credit cards so glad to hear debit is protected too

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