- 18-06-2012, 23:46 #51
- 18-06-2012, 23:46 #52
- Join Date
- Jan 2012
- Wanganui, New Zealand
It could be argued that she turned down the cash refund when offered it. I accept she wanted the ticket but to go with other friends. I'm assuming she didn't get to go to the gig at all ? That's no fun.
This no tickets from Ticketmaster - buy from e-bay - get refund from Ticketmaster sounds dodgy. Did they pay face value for the e-bay tickets ? I hope your daughter's money did not part-fund the other tickets. Could she contact Ticketmaster and ask if the tickets were ever purchased ? I assume she knows the name of the person who would have purchased the tickets as a block ? Even if Ticketmaster can't/don't want to say, you could still do what an earlier poster said and ask what their refund policy is. Ask for a timeframe of when the £60 is likely to be returned i.e. when did they contact Ticketmaster, has the refund request been confirmed ? When is the refund due ? By credit card I assume ? If they are telling the truth they paid twice for two sets of tickets. Hmmm, really ? When is she likely to see the cash ? Could they pay now whilst waiting for the refund ? Or is that being cheeky ?
If you get told by Ticketmaster all tickets were sold no refunds for oversold tickets were made then the police might be your next port of call.
I knew someone once who contacted the police because someone he had loaned his golf clubs to was in no rush to return them ! The police looked into the matter and said (low value) clubs were returned.
Last edited by St Walter of Mitty; 18-06-2012 at 23:48.
- 18-06-2012, 23:47 #53
- 19-06-2012, 22:54 #54
I haven't read all the thread so apologies if this has been covered.
Strictly speaking - legal bore coming here as I'm going to give a serious answer! - regardless of there being nothing in writing a verbal contract is equally binding as if it were in writing - however anyone who is under 18 cannot enter a legally binding contract...without parental consent - However I'm assuming you will be willing to state your informed consent was given? In which case a contract does exist - £60 paid in return for a concert ticket and he is in breach, that is your cause of action.
The bad news is that the email confirming ticket receipt is pretty much worthless as I would guess it only confirms that your daughter's ex-friend's father bought the tickets, it will not confirm that she paid any money towards them nor that they actually arrived (the cause of action would then be against Ticket Master not the father) - you are therefore left only with her word as to the fact.
You could issue a county court claim but I'm afraid to say I think it would be a huge and probably fruitless waste of time - that's not to say you couldn't send the letter before action and see if his arse goes and he gives in. But if you take it to court you stand a better than evens chance of losing and bearing the (albeit relatively small) costs as well as failing to recover the cost of the ticket.
I would say your best bet of seeing the money again is to try and reason with him and keep it amicable, no matter how much it sticks in your throat.
Or you could pay a solicitor to send a letter - not worth it as the expense would outweigh the redress.
If I wasn't a solicitor and he won't play the game then I would probably resort to the old method of demanding the return of the money with menaces either personally or using friends who enjoy that type of recreational activity - but as a practicing solicitor I couldn't possibly recommend that - it's unlawful and could get you nicked! So don't do it....
Failing all the above - I'm afraid you, or rather your daughter, may have to take the hit on this one.
P.S. edit to add: ask him for proof of purchase from ebay -that's easy enough to obtain, just a screen print. Check whether the ticket numbers etc correspond with those in the email you referred to.
Last edited by legal_eagle; 22-06-2012 at 00:49.