Letter before action?
Discussion
Will keep this brief.
Purchased tickets to a motorsport event in January from a reseller.
Event was cancelled in may (due to be held in june).
Have been promised I will get a refund but not until the circuit refunds the reseller.
My argument is my contract is with the reseller. I was promised a refund within 60 days which has now passed. I have been very fair throughout but my patience is wearing thin.
Would i be entitled to issue a letter before action and if nothing happens issue small claims proceedings?
Purchased tickets to a motorsport event in January from a reseller.
Event was cancelled in may (due to be held in june).
Have been promised I will get a refund but not until the circuit refunds the reseller.
My argument is my contract is with the reseller. I was promised a refund within 60 days which has now passed. I have been very fair throughout but my patience is wearing thin.
Would i be entitled to issue a letter before action and if nothing happens issue small claims proceedings?
2 sMoKiN bArReLs said:
..terms & conditions of the transaction say what in the event of cancellation?
You may be entitled to a refund if the event is cancelled, rescheduled or if there is a material change to the subject matter of the ticket contract that is what you have contracted to see. Please contact us via help@XYZ.com for information on receiving a refund from the Supplier. Please note we may require you return to us your ticket un-defaced in its original state for you to receive a refund, and failure to do so may forfeit your entitlement to a refund of any description.Note. I did not receive any ticket as they are sent 4 weeks prior to the event which was then cancelled.
There is no need for pseudo legalese. You would not "issue" a thank you letter, and similarly you do not "issue" a letter before you sue someone. You can send a letter if you like. It's not something you are "entitled" to do. It's something you can choose to do.
If you cannot get the money back via your credit card, then, yes, press the reseller, which sounds to be bang to rights but like most businesses in similar positions may be short of cash.
If you cannot get the money back via your credit card, then, yes, press the reseller, which sounds to be bang to rights but like most businesses in similar positions may be short of cash.
sc0tt said:
Will keep this brief.
Purchased tickets to a motorsport event in January from a reseller.
Event was cancelled in may (due to be held in june).
Have been promised I will get a refund but not until the circuit refunds the reseller.
My argument is my contract is with the reseller. I was promised a refund within 60 days which has now passed. I have been very fair throughout but my patience is wearing thin.
Would i be entitled to issue a letter before action and if nothing happens issue small claims proceedings?
Yes.Purchased tickets to a motorsport event in January from a reseller.
Event was cancelled in may (due to be held in june).
Have been promised I will get a refund but not until the circuit refunds the reseller.
My argument is my contract is with the reseller. I was promised a refund within 60 days which has now passed. I have been very fair throughout but my patience is wearing thin.
Would i be entitled to issue a letter before action and if nothing happens issue small claims proceedings?
Remember you can get a judgement in your favour but you still may have to take enforcement action to get the money. Unless of course you are just satisfied to leave the defendant with a judgment against them on file.
The best thing to do is send the letter before action stating the amount and reasons for the request and what will happen if you do not receive a refund within a set time.
Then wait to see what happens and make a decision then.
Chargeback via the card is the best, most pragmatic action.
It sounds like the supplier has - understandably - some cashflow issues so they'd much prefer to wait until they themselves were refunded. However, that ain't your problem!
If you do need to take further action, just make sure they're not a Sole Trader rather than Ltd, you'd need to comply with the relatively new Pre-Action protocol rather than simply sending a Letter Before Action.
It sounds like the supplier has - understandably - some cashflow issues so they'd much prefer to wait until they themselves were refunded. However, that ain't your problem!
If you do need to take further action, just make sure they're not a Sole Trader rather than Ltd, you'd need to comply with the relatively new Pre-Action protocol rather than simply sending a Letter Before Action.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff