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Creditfix LB 03-2017

Rail Passenger Claims Credit Card Refund

As Southern Rail were branded the worst train service in the country it has been revealed that a commuter has successfully claimed a refund from his credit card due to their poor service.

Citing section 75 of the Consumer Credit Act the passenger known only as ‘Sean’ estimated that 50 per cent of his journeys had been disrupted and therefore claimed half of his money back.

The law states that the credit provider is equally liable with the company offering the goods or services purchased until they have been delivered. This effectively made American Express, the credit provider concerned, jointly liable for the disrupted service.

The commuter received a 50 per cent refund from American Express to the sum of £2,400.

The case was revealed by the Association of British Commuters, who have also confirmed that several of its members are now pursuing similar claims from credit card firms.

Martin Lewis from MoneySavingExpert confirmed that when you take a credit card company on, if it rejects you you have the right to go to the Financial Ombudsman (FOS). The FOS adjudicates based on three things: the law; standard industry practice; and ‘have you been treated fairly’.

He further commented: ‘By the very fact that one credit card company has agreed to pay out could open the floodgates because of that standard industry practice rule.

‘The overarching rule here is that if you’ve got a Southern Rail season ticket and you’ve been badly affected by the disruption then you can try with Southern Rail, but equally you can try with you credit card company under Section 75.’

Section 75 of the Consumer Credit Act covers all purchases costing more than £100 and less than £30,000. If the goods or services purchased are faulty or have not been received you can claim a refund. The same act protects against goods or services that were not as described or sold on the basis of incorrect information.

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