Ask Which? – My daughter fell for an eBay ticket scam
Stuart asked: My daughter recently purchased two tickets for T in the Park festival for £400 from a seller on eBay. She purchased the tickets in April and was told they would be despatched one week before the concert.
The week before the festival she received an envelope – enclosed was a typed letter asking her to confirm once she had received the tickets. However no tickets were enclosed.
She contacted the seller via email who wasn’t very helpful and told her that if she wasn’t happy to contact eBay and follow the complaints procedure. He has also removed the item so feedback cannot be given.
She did contact eBay, but unfortunately you must complain within 45 days of purchase, which was impossible as the item was despatched more than 45 days after purchase. We really don’t know what we can do – can you offer any advice to help gain a solution?
Joanne Lezemore, senior solicitor for Which? Legal Service responds:
I’m sorry to hear about your daughter’s situation – unfortunately this is a common occurrence.
It isn’t clear from your email whether your daughter bought the tickets from a ticket agent or private individual – you do not have the same consumer rights when purchasing items from an individual that you would have when buying from a trader.
However, in this case, regardless, a breach of contract has occurred and your daughter may have to consider bringing legal proceedings for failing to comply with the contract and supply the tickets.
If your daughter paid by credit card directly (to a trader) then she may also be able to claim against her credit card company under Section 75 of the Consumer Credit Act.
If payment was by debit card the same rights do not apply, but there is a chargeback scheme for some cards that may assist in this type of situation, so she should talk to the card provider to find out.
I hope this helps you; please be aware that the guidance I have given is limited by the information I have and should not be treated as a substitute for taking full legal advice.
Have you been the victim of a ticket scam? Did you manage to get your money back, and are you wiser about how to buy tickets from now on?
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