Is Delay Repay due in this case?

[crehld]

As you asked VTEC to re-examine your claim and they have still not satisfactorily addressed your concerns nor offered the correct amount of compensation, you may refer the matter to Transport Focus, who, despite lacking some teeth in consumer protection, may be able to break the deadlock in this case. See here: http://www.transportfocus.org.uk/help/rail-complaints

 

[Starmill]

Is your case currently open or currently closed - and do you have the reference number? If you don't know try calling and asking, you should be able to even without a reference number. If the case has been closed, asking them to repoen it and saying you'll follow up in writing or via TF is fine.

 

[Par]

Is your case currently open or currently closed - and do you have the reference number? If you don't know try calling and asking, you should be able to even without a reference number. If the case has been closed, asking them to repoen it and saying you'll follow up in writing or via TF is fine.

In writing it is closed, however the subsequent phone call promised to re-examine the case, that was on December 20th and it has been radio silence since then.

I know we have had Christmas and New Year holidays, but still!

 

[Starmill]

Oh I see, didn't catch that sorry. Can always give them another go - there might have been an error on the part of the person you spoke with last time.

 

[maniacmartin]

This is the sort of case that Transport Focus are interested in, and will probably be able to understand and help with. I suggest you escalate with them as your next port of call

 

[Par]

A further update:-

Following yorkies’s kind and helpful assistance the facts applicable for this Delay Repay claim have now been submitted to VTEC for a fourth time:-

Online (via claim form) - 10/11/15
By letter - 30/11/15
By Telephone - 23/12/15
By Twitter (chase up) - 13/01/16

VTEC’s final email response received today is as follows:-

Dear xxx
Thank you for your telephonic conversation on 23 December 2015.
I’m grateful that you’ve taken the time to let me know that you’re unhappy with the compensation previously awarded, and I’ve been more than happy to look at this again for you.
Whilst I appreciate that your journey experience was poor and you were disappointed, we do have guidelines in place for the level of compensation to be awarded. This is laid out in our Passenger’s Charter and on this occasion I can confirm that we have awarded the amount relevant to your case.
If you’d like to view the terms and conditions of our compensation schemes you can do so on our website at www.virgintrainseastcoast.com.
I’m sorry that you remain disappointed, as this is not the outcome that either of us would have wanted. I hope you’ll understand however that to ensure fairness and consistency for all of our customers we must follow the guidelines wherever possible.
Thanks again for contacting us.

Just to re-cap the facts relating to the claim:-

My daughter was travelling on 8th November from York to Oxford via London on the return portion of a Super Off-Peak return priced at £82.50 (16-25 Railcard). The VTEC service was late into Kings Cross, leaving only 43 minutes for the cross-London connection to Paddington (ie two minutes less than is permitted for a valid connection). As a result, the booked connection from Paddington was lost and she ultimately arrived 82 minutes late at Oxford. This should trigger a 100% refund of that portion of the ticket, so £41.25.

I now intend to take this forward to Transport Focus for them to resolve and to ensure that VTEC comply with their own Passenger Charter.
Attached are copies of the letters that have exchanged between the parties in this process, the letter from VTEC dated 20th December is almost laughable in its efforts (or lack of) to address the points made in our letter dated 30th November.

All comments are welcome, including any from members who believe we do not have a valid claim and that VTEC have fulfilled their obligations.

Thanks in advance

Mods, should this now move to the Disputes forum?

 

[Hadders]

Who wrote the final email to you? Was it a member of management or another advisor? VTEC's complaints policy states that after the first response a complaint will be handled by the Customer Relations Management Team.

I would be tempted to give them one last opportunity before going to Transport Focus, making it quite clear that you expect a member of management to review and respond in accordance with their own Complaints Procedure.

 

[sheff1]

I would be tempted to give them one last opportunity before going to Transport Focus

I wouldn't. There are a number of reports on here regarding these shysters refusing, even after prompting, to pay the appropriate level of compensation as required under their franchise agreement. The cases on here are likely to the the tip of a very large iceburg.

 

[Par]

Who wrote the final email to you? Was it a member of management or another advisor? VTEC's complaints policy states that after the first response a complaint will be handled by the Customer Relations Management Team.

I would be tempted to give them one last opportunity before going to Transport Focus, making it quite clear that you expect a member of management to review and respond in accordance with their own Complaints Procedure.

As far as we are concerned we have now closed direct dialogue with VTEC. They have been presented with all the facts, and three separate advisors have spectacularly failed to understand the problem or acknowledge their responsibilities. Hopefully you will have read the letters I attached in my previous post in which (I believe) the problem was fully explained in reasonably simple terms?

No, we are through with VTEC, its Transport Focus next who hopefully will help fight our corner.

 

[Hadders]

As far as we are concerned we have now closed direct dialogue with VTEC. They have been presented with all the facts, and three separate advisors have spectacularly failed to understand the problem or acknowledge their responsibilities. Hopefully you will have read the letters I attached in my previous post in which (I believe) the problem was fully explained in reasonably simple terms?

No, we are through with VTEC, its Transport Focus next who hopefully will help fight our corner.

Don't get me wrong, you've been treated shoddily by VTEC (and I have read all the attachments).

The only thing I would have specified in one of your replies to VTEC is that you expected the case to be reviewed by management as outlined in their complaints procedure.

 

[crehld]

Don't get me wrong, you've been treated shoddily by VTEC (and I have read all the attachments).

The only thing I would have specified in one of your replies to VTEC is that you expected the case to be reviewed by management as outlined in their complaints procedure.

To my mind the OP has now asked the initial unsatisfactory response to be reviewed twice, so it should have automatically been through the complaints procedure, without the need to actively request it do so. Indeed transport focus only requires you ask the company to review the initial complaint once before involving them, so in asking the issue to be reexamined twice the OP has already demonstrated remarkable patience and faith in VTEC's complaints procedure.

Perhaps a happy middle ground would be to get in touch with transport focus, but also to copy VTEC into all correspondence with them. Hopefully that will get their attention and might prompt them into action before transport focus themselves take it up.

 

[Par]

OK, an update:-

Following the referral to Transport Focus and their escalation with VTEC, they have finally agreed to refund the outstanding amount.

Quite why it should have gone this far, and why VTEC couldn't see that they were failing to meet the obligations laid out in their Passenger Charter is anyone's guess?

Thanks to all those who have assisted in achieving this outcome.

 

[sheff1]

Good to hear.

As you say, why did such a common thing needed escalating at all ?