First Scotrail - Refusing refund on Season Ticket

[difbear]

Hi folks,

 

Need some help here. When I started working for my current employer they offered me a "Season Ticket Loan" which involved them writing First Scotrail a cheque for just over £1400. I pay this back over the year through my monthly wage.

 

Now I found out a few months ago we were being made redundant so I got clarification on what would happen with the Season Ticket Loan. I was told that they'd take the whole lot, about £1100 out of my final salary.

 

This left me looking for a refund on the ticket as I'd no longer need it in my new job. Spoke to Scotrail tonight and was informed although they refund Season Tickets they will not refund mine as I'd lost it and since had it replaced. I'm going to see the manager tomorrow morning, so any help appreciated.

[difbear]

Just to add this is whats on the back of their refund form, I'd already filled it in before I lost it.

 

The National Rail Conditions of Carriage Clause 35 states that refunds are not usually made on a duplicate ticket that has been issued to replace a lost season ticket.

[Movingon]

They would have to justify this; it sounds to me very much like a penalty for losing your ticket. Not sure what laws it's governed by though - if it's governed by the Railways Act then I have no idea WHERE we are. If, however, it's governed by Contract Law then we're probably in business.

[difbear]

They would have to justify this; it sounds to me very much like a penalty for losing your ticket. Not sure what laws it's governed by though - if it's governed by the Railways Act then I have no idea WHERE we are. If, however, it's governed by Contract Law then we're probably in business.

 

Thanks for the reply, that's something that I can ask today at last.

 

I also want to know in regards to "not usually made on dupicate tickets" what the exceptions are. I've got my letter of redundancy to take along with me.

 

Thanks again.

[buzby]

No, they are perfectly within their rights. This changed over 10 years ago due to inordinate amounts of fraud. My wife was in a similar situation after losing a ticket, but the options of resolving the issue were limited. NO refund on a lost ticket was allowed, it is up to the user to insure the ticket for 'all risks'. If a ticket is replaced with a duplicate, then then at no time will a refund be given - only original tickets can be redeemed.

 

This won't be an issue for the employer, and since the loss, the season was added to our household policy. The conditions of loss are seldom noticed unless you find yourself in this situation, but as unfair as it may seem, you have to take responsibility for your loss and take precautions. The new Smart Card technologies (like TFL's Oyster Card) don't have this problem, and First is trialling its own version of it, but until then, you may just have to keep making use of the ticket.

[difbear]

I don't have any use for the ticket, I won't be travelling to the city anymore, at all.

 

I can't believe this, lost it the night before I was due to get a refund. What are the exceptions then?

 

Thanks.

[Movingon]

In my experience the phrase "...will not usually..." is exactly the same as "...will never under any circumstances...".

[difbear]

Sounds like a waste of time and effort even bothering.

 

I'm nipping out to CAB now then to see the manager.

[difbear]

Thanks for all your advice, went into the station and lady was very helpful but advised she didn't reckon it would happen due to the fraud issue mentioned above. She did hint that they do investigate for exceptions so that got my hopes up....unfortunately the manager was at a funeral so I was asked to call tomorrow.

 

Popped up to CAB but it was closed so set myself up for another day off work trying to solve it.

 

Then I got a phone call, my mate found my ticket in his car!

 

Thanks again, a lesson learned!

[blacksheep1979]

It may be worth looking at from the other end - alot of 'loans' and the likes are quite often written off with redundancy.

[difbear]

It may be worth looking at from the other end - alot of 'loans' and the likes are quite often written off with redundancy.

 

Not with this company, complete shambles from top to bottom.

 

I came in today and was threatened with instant dismissal for taking the time off to chase this up.

 

Despite me emailing my manager and letting him know.