Avanti delay repay

[357]

Hi all,

I went to Liverpool with my wife at the weekend, and on the way there from London the train was delayed by 28 minutes.

I claimed both tickets with Avanti, following the instructions on their website for claiming multiple tickets/people.

They accepted the claim for one ticket.

I appealed, and they rejected the appeal today.

I've now had to go to the next stage, complaining to customer service.

However, they could take 4 weeks to reply.

Where would I stand in regards to the "claim within 28 days" rule if they tell me to make separate claims?

I found their delay replay deliberately confusing and deliberately buggy in places (for example the "continue" button not working)

Any ideas?

 

[AlterEgo]

All things considered, it would be easier just to submit a separate claim for the other ticket.

 

[realemil]

Any ideas?

I recommend you submit a second delay repay to Avanti, with the pair of tickets that were rejected. No point in wasting your time.

Where would I stand in regards to the "claim within 28 days" rule if they tell me to make separate claims?

They would issue you a refund regardless - doesn't matter how long it took them, as long as you were within the 28-day timeframe. Which in this case, you were.

I've had them issue me refunds 4-5 months after contacting them!

 

[357]

Is there a possibility of setting off some fraud alarm, as I don't know what ticket was refunded and what one wasn't ?

We both traveled with our PRIV so I'd rather not have any irregularities if possible!

All things considered, it would be easier just to submit a separate claim for the other ticket.

Yes, however at the time the website said it wasn't a problem to include them both on one claim.

The issue now is not knowing what one was processed and what one wasn't ...

 

[realemil]

Is there a possibility of setting off some fraud alarm, as I don't know what ticket was refunded and what one wasn't ?

We both traveled with our PRIV so I'd rather not have any irregularities if possible!


Yes, however at the time the website said it wasn't a problem to include them both on one claim.

The issue now is not knowing what one was processed and what one wasn't ...

I'd personally ring 'em up in this situation, be prepared for a long wait time, but it's the quickest way to get your money back.

 

[gray1404]

The word refund is being misused in this thread. Delay repay is a form of compensation not a refund. Where train company pays out delay repay compensation it is doing just that, paying out compensation, it is not them providing a refund.

 

[357]

The word refund is being misused in this thread. Delay repay is a form of compensation not a refund. Where train company pays out delay repay compensation it is doing just that, paying out compensation, it is not them providing a refund.

In the context of this thread does using either word have any real difference to the meaning of what people are saying?

 

[Watershed]

In the context of this thread does using either word have any real difference to the meaning of what people are saying?

Yes, because you don't want to start asking the TOC for a refund if you've made the journey. That's when they could start accusing you of fraud.

 

[357]

In terms a simple driver would understand, what's the difference between calling it a 50% refund and compensation for 50% of the price?

 

[Watershed]

In terms a simple driver would understand, what's the difference between calling it a 50% refund and compensation for 50% of the price?

There are both legal and practical differences.

Practically speaking, a refund is obtained from the retailer from whom you bought your ticket(s), whilst delay compensation is obtained from the train company which caused your journey to be delayed. Sometimes these will be one and the same entity.

However, even where this is the case, there are still different processes or forms to fill out. If you apply for the wrong one, your claim may be denied (and in the worst case scenario, you could be accused of fraud).

Legally speaking, a refund means the sale of the ticket is undone. If you abandon your journey due to disruption, the contract is rescinded and you are put back in the position you were as if you'd never bought the ticket(s). If your refund is for any other reason, then there is then usually a refund fee and the contract is terminated rather than rescinded.

By contrast, delay compensation represents liquidated (defined in advance) damages for breach of contract. Obviously there is no fee applicable here. The fact that the compensation is calculated based on the fare paid doesn't make it a refund, it's just a formula. Other delay compensation schemes (e.g. EU261 flight delay legislation) use a fixed sum but these are ultimately political decisions about the importance of encouraging operators to take measures to improve punctuality.

Obviously, given the above, you can see how it could be considered fraud to claim Delay Repay when you have not travelled, and vice versa. This is despite the fact that in many cases you would receive the same amount, if not less, by claiming through the wrong process.

 

[alistairlees]

The other point to make is that a refund can never be greater than the amount paid in the first place. Compensation can be greater than the amount paid (though Delay Repay compensation is capped at 100% of the ticket value in GB rail).