Truck Festival / Packman Systems

[ShaneG2009]

Hi all Hoping someone can help..

 

. My brother in laws GF wanted to go to Truck Festival

- a music event that is held annually in Oxford.

 

She purchased her ticket on a deposit basis to be followed by a number of monthly payments.

All going well until the last one for some reason.

 

There were Direct Debits set up for Packman Systems to collect the payments acting as agents for Truck Festival

however they have said that they were unable to collect the final payment and therefore her agreement and ticket is cancelled without refund

- there Terms & Conditions say they can do that.

 

..see below copy/paste from the terms

 

'Our payment plan allows you to pay for festival tickets over 11 months.

Any booking & delivery fees will be included in the first payment.

 

Terms are stated at the time of booking with regards to the amount that will be deducted on a monthly basis.

The date in which addition payments will be debited will be the date of original payment and amount deducted from your total balance.

 

The method of payment at the time of booking will be debit for subsequent payments.

If the funds aren't available in your account, or if your card has expired, you will be notified and given the opportunity to pay the amount due.

 

After notification if you are unable to process the amount due you may incur additional charges or your booking with be cancelled with no refund.

Tickets cancelled while on a payment plan will be cancelled down at the amount paid to date and no refunds will be issued'

 

The issue is that funds WERE available for the final payment to go through and that has been confirmed by the bank so I think this is massive try on.

The company taking the payments are relying on their terms and conditions and saying she doesn't have a ticket and she isn't getting a refund for the £80 she's paid to date.

 

All she wants is a ticket..

. Can they do this to her?

 

Seems very off to me but I'd appreciate any advice before I speak to them.

[dx100uk]

can you not simply prove to them that the Continuous Payment Authority did not fail with proof from the bank?

and ask them to resolve the issue politely..

[ShaneG2009]

Hi DX That's exactly what we have done but they still insist they tried and failed to get the payment. Their stance and reliance on the Ts & C's is quite unbelievable.

[Consett26]

The T&Cs say "If the funds aren't available in your account, or if your card has expired, you will be notified and given the opportunity to pay the amount due."

 

Something has gone wrong with the final payment for whatever reason but she should have been notified and given the opportunity to pay it before they cancelled the ticket. Its only following a failure to pay after notification of a missed payment that she is at risk of the ticket being cancelled. ("After notification if you are unable to process the amount due you may incur additional charges or your booking with be cancelled with no refund"). Did they notify her and give her the opportunity to pay and, if so, why didn't she just pay?

[ericsbrother]

ask the bank if a payment was attempted. If it wasnt GF can sue them for breach of contract for the price of the ticket. Their terms say that they must give you notice and allow anothe payment type and clearly that hasnt occurred and that term is not conditional on any other term so they are doubly stuffed.

[MaxxPower]

If the payments were taken by Direct Debit could the money not be retrieved through the Direct Debit guarantee?

Surely a condition saying that one missed payment means you forfeit your ticket and all payments made so far cannot be considered fair and therefore wouldn't be enforceable.

[dx100uk]

well either way DD or by debit card CPA yes the money can be gotten back