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Any Lawyers? Contractual type question!

P

Hi,
I basically booked some train tickets on a well known train company and accidentally used my husbands card not mine.
This is a problem as I ordered an E Ticket and apparently ticked a box that had small print saying you had to carry the card used with you on the journey and that it had to be in the main travelers name (me... I'm traveling alone).
The company are refusing to let me travel on the e ticket irrespective of whether I have the card with me.
1. Are they allowed to just refuse the service like this? I've offered any number of solutions but the only thing they'll 'let' me do is buy another ticket at £60.
2. It's quite obvious I used the right card as in the 'name' box I put my name and in the card details my husbands. As a card with these details doesn't exist, are they allowed to take the money?

T

I'm guessing that you realised the mistake then contacted them about it rather than just going ahead and using your husband's card to get the ticket from the machine?

I'm not a lawyer but you'd think that if the name you used doesn't match the card details then they shouldn't be able to process the card irrespective of the small print regarding using payment with the passenger's name on it. The fact is they have processed incorrect card details which I am sure the credit card company would want to know about as ultimately the ticket provider has shown that they don't check card details properly! I would contact the credit card company and tell them what has happened and they should be able to stop the payment going through (if it is recent) or perhaps take the payment back as they can do that when you see something that isn't right on your bank/credit card statement.

Basically what they have done is shown that someone could go and use someone else's credit card then use a false name etc. to purchase a train ticket. No wonder it is so easy for these fraudsters to get away with it!

There is also the passenger focus organisation who might be able to help http://www.passengerfocus.org.uk

P

Thanks -- the ticket is a new emailed ticket, rather than one you put your card in the machine for, apparently the ticket inspector has to see the card to check you are who you say you are. Because we'd be one initial out on the card I decided to do the honest thing and try and resolve it.... so much for that!!!
I'll see if they respond to my complaint about them processing the transaction......hmm!!!

M

======= Date Modified 11 Feb 2009 18:29:48 =======
Tricky makes a very good point! If the train company insists that the person travelling is also the person who is the card holder - then why would they allow payment to be processed on a differently named card? They can hardly argue points about security/fraud, when they themselves don't have an electronic system that matches the traveller's name to the credit card name.

I'd phone customer services and ask to speak to a senior manager, and very politely ask them to explain the above. I'd also ask what happens when people pay on company credit cards, which commonly will not have their individual name printed on them.

Unfortunately, going down the legal route takes time and will probably end up in a small claims court. There isn't a whole lot you can do as transport is not covered by the Distance Selling Regs. There is an unlikely argument that they have incorporated an unfair term into their contract. Also, there is an argument that the terms on this matter were not clear before the point of purchase (which would breach e-commerce rules). I didn't study consumer law/e-com law, so can't really help!

I nearly had a similar problem recently when booking a Eurostar ticket for a friend, who was stuck in Paris. I was about to pay on my credit card, and then just before clicking the 'confirm' button, I realised that they needed my credit card to pick up the ticket at the e-machine in Paris.

Personally, I would just take the gamble on using the e-mail ticket and your husband's credit card, and when asked to produce the card the train manager will simply see the surnames match. If you're challenged about it this, simply adopt the innocent/naive approach, and say all your purchases are made on your husband's card (you don't have one yourself etc etc.), and offer some joint ID.

P

i JUST booked rail tickets to wales and back, oh my god. My dad got me the tickets from another country, cos I dont have a credit card, only debit and they dont take it.

the tickets will come by post but the email doesnt say anything about the card holder etc. OMG if the ticket does ask for it, how can I produce my father from another country??

He wasn't even asked for his name or address etc while booking, just card details, but in any case I wont be able to produce the card with me.

This is pathetic!! I have an appointment and am wondering what i should do...:-s

M

Phdbug, you'll be fine - your tickets are coming through the post, so all you need to do is present the actual ticket.

Credit cards are only required when purchasing e-tickets i.e. getting the ticket at the station from a machine.

P

Thanks misspacey :-)

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