Northern - Lost smartcard with annual season ticket loaded

[Soulhaven]

I recently lost my smartcard which had several months left to run on my annual season ticket.

Northern told me that if I'd bought it at a station, they could replace it, but as I'd bought online they could only refund me... which was fine, except they said their only option on the system is to treat it like a 'voluntary early surrender' and only offer me a portion of the pro-rated equivalent amount left on the card (offering me about £50 of £170 left on the card), leaving me significantly out of pocket.

Lots of back and forth with complaints dept, even quoting the National Rail Conditions of Travel (Section 39) at them, demonstrating my entitlement to a replacement - but they refused to engage on this point and simply said they're following policy.

I've ended up with a deadlock letter and gone to to the Obundsman but curious if anyone has any experience on this, as surely this is a common issue that cards are lost?

(I would have also thought surely part of the benefit of the smartcard system - easily cancel and replace them!)

 

[Haywain]

I would have also thought surely part of the benefit of the smartcard system - easily cancel and replace them!

Yep, that’s a benefit. I’m not sure why Northern are seeing it as a refund.

 

[Watershed]

I recently lost my smartcard which had several months left to run on my annual season ticket.

Northern told me that if I'd bought it at a station, they could replace it, but as I'd bought online they could only refund me... which was fine, except they said their only option on the system is to treat it like a 'voluntary early surrender' and only offer me a portion of the pro-rated equivalent amount left on the card (offering me about £50 of £170 left on the card), leaving me significantly out of pocket.

Lots of back and forth with complaints dept, even quoting the National Rail Conditions of Travel (Section 39) at them, demonstrating my entitlement to a replacement - but they refused to engage on this point and simply said they're following policy.

I've ended up with a deadlock letter and gone to to the Obundsman but curious if anyone has any experience on this, as surely this is a common issue that cards are lost?

(I would have also thought surely part of the benefit of the smartcard system - easily cancel and replace them!)

As you correctly identify, they are refusing to comply with condition 39 of the NRCoT. There are no stated exceptions to this right, e.g. depending on the method in which the ticket was bought.

If the Ombudsman doesn't rule in your favour (which is unlikely, I'm afraid to say, as they are utterly incompetent and seem to take TOCs' accounts at face value), I think your best option is to either bring a section 75 claim if you paid for the season ticket by credit card, or else begin legal proceedings against Northern directly (assuming that's who you bought it from - you should check the terms and conditions of the relevant website to establish the correct legal entity).

The difference between the amount they're willing to refund, and the amount it's cost you to buy a new season, would be the amount recoverable. As it's a notable sum it is likely worthwhile your time to bring a claim. You do not need legal representation as it would be allocated to the Small Claims Track of the County Court in all likelihood, where most parties are unrepresented.

 

[jumble]

As you correctly identify, they are refusing to comply with condition 39 of the NRCoT. There are no stated exceptions to this right, e.g. depending on the method in which the ticket was bought.

If the Ombudsman doesn't rule in your favour (which is unlikely, I'm afraid to say, as they are utterly incompetent and seem to take TOCs' accounts at face value), I think your best option is to either bring a section 75 claim if you paid for the season ticket by credit card, or else begin legal proceedings against Northern directly (assuming that's who you bought it from - you should check the terms and conditions of the relevant website to establish the correct legal entity).

The difference between the amount they're willing to refund, and the amount it's cost you to buy a new season, would be the amount recoverable. As it's a notable sum it is likely worthwhile your time to bring a claim. You do not need legal representation as it would be allocated to the Small Claims Track of the County Court in all likelihood, where most parties are unrepresented.

My suspicion would be that this would not go any near a court
As soon as papers are served Northern will stop allowing the intern deal with this and will have someone who understands condition 39

 

[CyrusWuff]

I don't even know where to start with this...If Northern are unable/unwilling to block the original Smartcard and issue a replacement with the season ticket loaded onto it, the least I would expect is for them to arrange for one of their Ticket Offices to issue a paper duplicate.

Ideally, they'd also send you a replacement (blank) Smartcard through the post and said Ticket Office could then immediately transfer the paper ticket onto same (if Northern use Worldline MTIS, or whatever it's called this week) or have a process whereby the Ticket Office (though it's only likely to be at larger stations) can issue a new Smartcard locally, with the ticket loaded onto it at the same time.

You certainly shouldn't be penalised due to their Aftersales processes seemingly not being up to scratch!

 

[Haywain]

You certainly shouldn't be penalised due to their Aftersales processes seemingly not being up to scratch!

You are quite right and it does make me wonder if someone has completely failed to understand what they were being asked.

 

[Adam Williams]

If I was involved in running a TOC, making sure that facts got checked before issuing a deadlock letter would be quite high up my list of priorities. Anyone with any sort of passing familiarity with the NRCoT should've resolved the case at that point.

If the Ombudsman doesn't rule in your favour (which is unlikely, I'm afraid to say, as they are utterly incompetent and seem to take TOCs' accounts at face value), I think your best option is to either bring a section 75 claim if you paid for the season ticket by credit card, or else begin legal proceedings against Northern directly (assuming that's who you bought it from - you should check the terms and conditions of the relevant website to establish the correct legal entity).

I agree with this, but I'd add that you can and should complain about the ombudsman's service if you're dissatisfied, once the complaint hits "stage two" you will be entitled to have your case referred to and investigated by the independent assessor assigned to the Ombudsman. Cases which end up getting complained about in this way get totted up and discussed in the Ombudsman's annual service report. Currently they like to shout about their low escalation rate in their report, which I suspect is much more likely due to customers getting fed up of fighting than anything to do with the Ombudsman's "expertise" at dealing with complaints.

As ever, views entirely my own.

 

[Soulhaven]

Thanks all. All useful info.

Was thinking of small claims court as next step if Ombunsman doesn't rule in my favour, but good to know there's a "stage two" I can use @Adam Williams . Also hadn't thought to make a section 75 claim @Watershed , so thanks for that also.

@Haywain I had thought at first it was just the customer service rep not knowing what they were doing, but the situation was very clearly and repeatedly laid out to the complaints dept (who claim to have escalated the issue internally for review) and the message time and time came back that they have no way to handle replacement smartcards bought online etc etc.

 

[RPI]

The whole point of smartcard seasons is to avoid this very scenario, the original gets cancelled and a replacement issued!

 

[Wallsendmag]

If you lose your LNER online issued Smartcard season we just send you another out with the same ticket already loaded and block the original card.