SWR strikes and delay repay

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Fat Tulip

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Hi

Am I allowed to claim delay repay for the adjusted timetable during strike days? E.g., say if I arrived half an hour later than I would normally, but this was still the advertised time on the revised timetable?

If I am allowed to claim, is there any way of seeing the revised timetable for the previous days (as I forgot to make a note at the time about the delays).

Thanks
 
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wibble

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Afraid not. As it's a published timetable, they'll only compensate you if the train is delayed by 15min or more.
 

Fat Tulip

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Ah, thanks. I thought not which is a bit frustrating when these days have been a nightmare (I am in total solidarity with the strikers, BTW, so see why this has to be the case, but it would be nice to be compensated by the company making these strikes necessary!).
 

ForTheLoveOf

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Hi

Am I allowed to claim delay repay for the adjusted timetable during strike days? E.g., say if I arrived half an hour later than I would normally, but this was still the advertised time on the revised timetable?

If I am allowed to claim, is there any way of seeing the revised timetable for the previous days (as I forgot to make a note at the time about the delays).

Thanks
Afraid not. As it's a published timetable, they'll only compensate you if the train is delayed by 15min or more.
You can claim against the timetable in force at the time you booked, or if different, the modified timetable in operation on the day. SWR et al can't deny delay compensation because they changed the timetable post-purchase! This is one of the few benefits of booking a walk-up ticket in advance.
 

joncombe

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You can claim against the timetable in force at the time you booked, or if different, the modified timetable in operation on the day. SWR et al can't deny delay compensation because they changed the timetable post-purchase! This is one of the few benefits of booking a walk-up ticket in advance.
How does this work given SWR don't seem to be publishing the strike timetables more than a couple of days in advance?

I presume if you bought a ticket for the next strike day today then any delay repay would be based on the normal published Saturday timetable rather than the not yet published strike timetable?
 

ForTheLoveOf

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How does this work given SWR don't seem to be publishing the strike timetables more than a couple of days in advance?

I presume if you bought a ticket for the next strike day today then any delay repay would be based on the normal published Saturday timetable rather than the not yet published strike timetable?
If the normal Saturday timetable has not yet been modified, then the fact that a strike has been announced is irrelevant. The timetable is the timetable, whatever it says at the time of booking is what counts. Alternatively you can claim against the modified timetable if you prefer.
 

yorkie

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Hi

Am I allowed to claim delay repay for the adjusted timetable during strike days? E.g., say if I arrived half an hour later than I would normally, but this was still the advertised time on the revised timetable?

If I am allowed to claim, is there any way of seeing the revised timetable for the previous days (as I forgot to make a note at the time about the delays).

Thanks
When did you buy your tickets? What timetable was in force then? 221129 is correct, that is what matters.

If you obtained an itinerary at the time of booking, that would be good evidence of a contract.
 

SWT_USER

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You can claim against the timetable in force at the time you booked, or if different, the modified timetable in operation on the day. SWR et al can't deny delay compensation because they changed the timetable post-purchase! This is one of the few benefits of booking a walk-up ticket in advance.
Presumably this doesn't apply to season tickets? I definitely booked it before any strikes were announced..
 

ForTheLoveOf

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Presumably this doesn't apply to season tickets? I definitely booked it before any strikes were announced..
I don't know what to think about season tickets, to be honest. I would have thought the answer is that you are buying on the basis of the level of service in the timetable (and on the basis of the times given the the timetable in force at the time you buy your season ticket). Hence again, any alteration of that would surely leave them liable to paying Delay Repay with reference to the original timetable, or the new one - whichever one is more favourable.
 

Fat Tulip

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Thanks for the replies.

for clarity, I have a season ticket, renewed in August.

So, I've been arguing with them about strike compensation - these are strikes which weren't announced when I bought my ticket. They just reject my delay repay claim, even after I appeal, stating 'our current policy does not allow customers to claim compensation for trains which have been cancelled due to strike action'. Can they do this? Surely they can't just add an exception to the compensation agreement to advantage themselves? I don't see that this is much different from them adding a clause like 'we won't allow compensation for trains before 9am' or similar?

I've been having nightmares getting to work because of the strikes etc, so it feels like a kick in the teeth not to even get a few quid back.
 

ForTheLoveOf

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Thanks for the replies.

for clarity, I have a season ticket, renewed in August.

So, I've been arguing with them about strike compensation - these are strikes which weren't announced when I bought my ticket. They just reject my delay repay claim, even after I appeal, stating 'our current policy does not allow customers to claim compensation for trains which have been cancelled due to strike action'. Can they do this? Surely they can't just add an exception to the compensation agreement to advantage themselves? I don't see that this is much different from them adding a clause like 'we won't allow compensation for trains before 9am' or similar?

I've been having nightmares getting to work because of the strikes etc, so it feels like a kick in the teeth not to even get a few quid back.
No, what they are saying has no basis in the contract you have. If the Conditions of Travel did have a facility for excepting changes to timetables from compensation, that would be one thing. But the Conditions don't, so they are, with the best of respect, spouting rubbish.

How much compensation have they rejected so far? If it is anything more than a nominal sum, I would seriously consider taking steps towards legal action. The steps towards legal action are not complicated or time intensive; legal action may take effort and cost and certainly will take some time to get your head around (not to mention the inevitable waiting around for hearings etc.) but ultimately that is your only remedy.

Only remedy, that is, unless you paid some or all of your season ticket with a credit card. Presumably it cost at least £100 and no more than £30,000; if so, Section 75 of the Consumer Credit Act 1974 means that the credit card lender is jointly and severally liable for any breach of contract by SWR - e.g. refusing to pay delay compensation. The advantage here is that your lender is subject to much more extensive and effective regulation by the Financial Conduct Authority, and if they refuse to pay out on a valid Section 75 claim you can take them to the Financial Services Ombudsman (a relatively effective and independent, and most importantly binding, solution) at no cost to you.
 

Fat Tulip

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Oh, that's interesting. For the times they have been running a service, it has probably been mostly a 30 min - 1 hr delay, so not a huge amount each time (I think about a fiver). But, there's been several days where they didn't have any service at all from my station (which was obviously massively inconvenient). I guess that would come under 2 hours plus and would be about £10. So still not huge amounts, but probably adds up to a bit.

I did indeed buy the ticket on a credit card, so that's an interesting approach.

I've noted that Northern and Southern trains did give compensation to customers, which makes it even more frustrating that SWR are taking this view. Particularly as I've just re-read their delay repay FAQs which make no mention.
 

ForTheLoveOf

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Oh, that's interesting. For the times they have been running a service, it has probably been mostly a 30 min - 1 hr delay, so not a huge amount each time (I think about a fiver). But, there's been several days where they didn't have any service at all from my station (which was obviously massively inconvenient). I guess that would come under 2 hours plus and would be about £10. So still not huge amounts, but probably adds up to a bit.

I did indeed buy the ticket on a credit card, so that's an interesting approach.

I've noted that Northern and Southern trains did give compensation to customers, which makes it even more frustrating that SWR are taking this view. Particularly as I've just re-read their delay repay FAQs which make no mention.
In that case I would be inclined to proceed with a S75 claim against your credit card provider. S75 does not even require you to try to fight the rejection with the supplier (SWR), though the NRCoT do require you to make a claim at all within 28 days.

If your S75 claim is not paid promptly (i.e. within 30 days or so), I'd be inclined to make a complaint; after 8 weeks, or when you get a deadlock letter, you can take the matter to the Financial Services Ombudsman. If/when the card company pay out, it's then their problem to recover that from SWR.
 

Fat Tulip

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Thanks. I think it might be worth me waiting for the end of at least this current round of strikes to approach the credit card people - presumably there isn't such a short time restriction on s75 claims?
 

yorkie

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Contractually, for a single/return fare, it is the timetable at the time of booking that determines the contracted arrival time. An itinerary provided by the retailer is good evidence of that contract. However SWR have told forum members that they will disregard such contracts, putting SWR in breach of contract law.

For a Season ticket, it's less clear-cut as the timetable may not be published at the time it is purchased. There is an argument to say that if anyone plans a journey within the 12 week normal booking horizon, then that timetable is what applies for the purpose of the contract. I would recommend obtaining an itinerary through National Rail Enquiries as evidence of this. Again, SWR are breaching contract and consumer law in this area.

If anyone is aware of any solicitors who will take this on (I do know loads of solicitors, but none who have the time or inclination to take SWR to task) I'd be interested to hear from you.
 

ForTheLoveOf

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If anyone is aware of any solicitors who will take this on (I do know loads of solicitors, but none who have the time or inclination to take SWR to task) I'd be interested to hear from you.
Whilst the advice or assistance of solicitors would be useful, it is by no means necessary for something as relatively simple as a S75 claim. Unfortunately, that avenue is not open to most purchasers of non-season tickets, because the value of the ticket was less than £100 and so S75 does not apply.
 
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