East Midlands Trains refusing Delay Repay

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MKB

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A Friday evening journey was booked on a through First Advance ticket bought through East Coast Trains' website:

Leicester - Nottingham 17:55-18:27 (EM)
Nottingham - Grantham 18:37-19:08 (EM)
Grantham - Newcastle 19:22-21:23 (EC)​

Due to a delay with the first train, the actual journey was:

Leicester - Nottingham 17:55-18:54 (EM)
Nottingham - Newark Castle 19:35-20:08 (EM)
Newark North Gate - Newcastle 20:43-22:41 (EC)

East Midlands Trains are refusing a Delay Repay on the grounds that their train was not delayed by more than 30 minutes citing the "terms and conditions of our Passenger Charter".

I've found the charter here: http://www.eastmidlandstrains.co.uk/SiteCollectionDocuments/Passengers Charter.pdf Is that the latest version? There's no mention there of Delay Repay applying only to the EM bit of a journey.

Am I correct to be pursuing this with EM rather than EC? I maintain they are obliged to refund in full the First Advance ticket. Am I right?
 
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AlterEgo

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Essentially yes, you're correct. Sounds like a basic error by EMT. I'd advise giving them a ring and they should correct their response there and then for you.
 
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