The Credit Card Challenge continues: claiming under chargeback against Southern Rail…

Since breaking the news of Sean’s successful credit card claim two weeks ago, we’ve been looking at every possible avenue to help passengers with their own claim. For those who have been unsuccessful with a section 75 claim, or who purchased their ticket on a debit card or credit card where section 75 does not apply (such as pre-paid cards) – we now present a whole new approach to claiming back.

Neither ABC nor the national press have been able to determine whether Sean’s refund went through under section 75 or a similar process called ‘chargeback’. Both American Express and Southern Rail have been (unsurprisingly) tight-lipped about the basis on which Sean’s claim was awarded. In order to cover all bases in helping passengers make a similar claim, we now launch a second guide to the ‘Credit Card Challenge’. The best news of all is that ‘chargeback’ claims can cover purchases made on a debit card too.

It is impossible to guarantee success through either of these methods, but the fact that Sean’s claim was successful may mean that there is still a chance to set a important precedent. Such a precedent would not only be game-changing for consumer rights over rail, but could also leave you thousands of pounds richer after a whole year of suffering Southern Rail’s service.

Step One: read our guide to using chargeback:

chargeback-read-me-first

Step Two: use our template letter to start our own claim:

chargeback-letter

Step Three: attach evidence to support your claim (example here):

southern-rail-performance-dec-jan-2017

Please write to us at contact@associationofbritishcommuters.com to let us know if your claim was successful. Please note that we are a volunteer-run campaign and do not have the resources to advise individuals on the specifics of their claim.

DISCLAIMER:

ABC is providing this information to assist a person in making a claim under their bank or credit card company’s chargeback scheme, in connection with services provided by Southern Rail.

The sample letter provided is a template only. Any person using it does so at their own risk and accepts full responsibility for the content and accuracy of his or her claim.  ABC is not a party to any such claim and accepts no responsibility or liability for the accuracy of any information provided.

ABC does not guarantee the outcome of any claim and accepts no liability whatsoever in the event of any claim being unsuccessful.

 

Commuters, join the Credit Card Challenge! How to claim under section 75 against Southern Rail…

Since ABC broke Sean’s story on Sunday, his successful £2,400 claim to Amex has been headline news. If further claims are successful, a clear precedent will be set and we’ll be looking at no less than a revolution in consumer rights for passengers!

Our busy team of commuter campaigners has been on the case and we have now produced a complete guide to claiming back from your credit card provider. We encourage all credit card users for any amount over £100 to take this forward – help us create a whole new era of passenger rights after our year of suffering on Southern Rail!

Each of the following documents has been prepared under the guidance of a qualified solicitor, and should provide all you need to make your own claim. Remember, if your claim is rejected you will have the right of appeal to the financial ombudsman – we will also be preparing model letters for anyone who needs to appeal.

Read our guide to claiming under section 75:

the-abc-guide-to-claiming-under-section-75

Download our template letter to make it easy for you to initiate your own claim:

abc-template-letter-for-section-75-claims

View a sample of supporting evidence here:

southern-rail-performance-figures-example-evidence

To refresh your memory of Sean’s story and the letter he sent, click here.

Please write to us at contact@associationofbritishcommuters.com to let us know if you have been successful. Good luck, and we hope to hear your success stories soon!

Disclaimer:

  1. ABC is providing this information to assist you in making a claim under s75 of the Consumer Credit Act 1974 against your credit card company in connection with services provided by Southern Rail.
  1. In relation to goods or services paid for by credit card, s75 of the Consumer Credit Act 1974 allows you to claim for breach of contract or misrepresentation against one or both of the retailer (in this case, the train operating company which sold you the ticket) and the credit card company, either simultaneously or separately.
  1. Please note that you cannot recover the same loss from both parties.
  1. The sample letter provided by ABC is a template only. Any person using it does so at their own risk and is responsible for the content and the accuracy of the claim.
  1. ABC is not a party to any claim made in accordance with this guide or otherwise, and accepts no responsibility or liability for the content and/or the accuracy of any information included in any such claim.
  1. ABC does not guarantee the outcome of any claim and accepts no liability whatsoever in the event of a claim being unsuccessful.

Compensation – looking for more than an ’empty gesture’? If you bought your season ticket on a credit card, you might be quids in!

The lack of compensation for Southern Rail’s failure to provide promised services has been an issue for thousands of commuters throughout 2016. But now we’ve exposed the ‘holy grail’ of compensation claims – a FULL refund on a £2,400 season ticket!

Sean, a yearly season-ticket holder, told us that he had applied to American Express to dispute the sale, based on the non-delivery of goods and services. He then provided evidence to support his claim, using Southern Rail’s own punctuality statistics,  and the fact that they reduced their timetable by 15% last summer. He estimated that 50% of his journeys were cancelled or disrupted and requested 50% of his money back.

American Express granted his claim and Sean is now £2,400 richer because of it.

screen-shot-2017-01-16-at-15-52-47

Credit card companies are bound under the Consumer Credit Act, meaning they are jointly liable for the provision of goods and services until they have been delivered. So, if you have used your credit card to purchase any kind of ticket above £100, you might be able to benefit from this too.

Based on Sean’s advice, start by calling your credit card provider and requesting to initiate a ‘dispute process’, perhaps in the form of a section 75 claim. If your credit card provider allows the claim, it’s then a matter of providing the relevant evidence/performance statistics and a letter including an estimate of the percentage you feel you are owed back. Sean’s quite reasonable estimate in his own case was 50%, but there is no reason why this shouldn’t be more (or less) depending on the extent to which you have been affected.

*Since the time of publishing, Amex will not confirm whether Sean’s successful claim was the outcome of a section 75 claim, chargeback or a ‘dispute process’. We encourage commuters to put their application in the form of a section 75 claim as a first step and provide a model letter here. Please be aware that you will have recourse to the financial ombudsman if rejected, and we will soon provide a model letter for this too.

Sean used the following performance statistics, from the period 29th May – 25th June 2016, to support his letter (featured below):

southern-rail-performance-may-jun-2016

 

screen-shot-2017-01-16-at-15-53-40

“Sean” was happy to share his story on the condition of anonymity. Please address press inquiries to: contact@associationofbritishcommuters.com

For further details on section 75 protections for credit card holders, click here.

Please write to us at contact@associationofbritishcommuters.com to let us know if you are successful with a credit card claim.