BlueNote — Restaurant in Great Britain

SCAMMERS! TRADING STANDARDS HAVE BEEN INFORMED!

Paid for tickets online then BlueNote decided to change the date of the show I'd booked and offered refunds for anyone that couldn't attend that date, of which I could not attend so requested a refund, but the BlueNote have completely ignored my requests for a refund. I've sent numerous emails, left messages on their answerphone and spoke to staff on the phone who always give the same old lies of "I'll get the manger to contact you" It's now led me to contact Derby City Council who have put me in contact with Citizens Advice and this is there reply:

We understand that you had some tickets booked for an event which you have stated was cancelled and rescheduled, however you are yet to receive a refund.

Your rights

When a contract is formed both parties will have an obligation to carry out the agreement that they have made to each other. If this agreement isn’t followed you could argue that The Blue Note has breached their contract with you.

You can look to cancel the contract and seek a refund. The aim of this remedy is to be placed in the same position you would have been in if the contract had never taken place. You should expect to receive a refund within 14 days and this should be back to the same payment method used to pay for the contract.

If it is possible you could ask the trader to provide the goods/service as you both originally agreed. Alternatively, you may be able to carry on with the contract but seek a partial refund to account for any issues this breach has caused.

You may be asked to prove where and how the breach exists, so it may also be useful to refer to the seller’s terms and conditions or provide other evidence to highlight this.

Credit Card Payment

I can see from your enquiry you paid by a credit card, under the Consumer Credit Act Section 75, you can hold the Credit Card company equally liable for any breach of contract from the trader, what this means is you could pursue Credit Card company for a remedy, or potential refund. In this case you would however be bound by the timescales in relation to making a claim and what eligibility criteria applies.

Your next steps

We would suggest, if you haven’t done so already, to put your complaint in writing which can be seen as a more formal approach to resolve a dispute with Blue Note. The Citizen Advice website has a letter to cancel a contract that's been breached and a letter to make a claim for equal liability from a credit provider available, which you may amend to suit your specific issue or use as a guide. If you complain by email, send it with a read receipt. This can tell you when the email was received and read. If you use webchat, it's a good idea to save a transcript of the conversation. If you complain by post, send the letter using a recorded delivery service which lets you track the letter, and prove it was sent and received.

There's also another way you can solve disagreements without going to court which is known as 'alternative dispute resolution' (or ‘ADR’) and you should ask the trader if they’re a willing to use one. Step by step guidance is available on our website.

What we will do

Thank you for taking the time to tell us about this issue. We will share this with trading standards to allow them to see how traders are operating their businesses and for their own enforcement purposes. Whilst trading standards are unlikely to be able to help resolve this issue on your behalf if they require further information they will be in touch.

Please note, as we are an impartial advisory service only, we are unable to act on anyone’s behalf or discuss the merits of individual cases. We also therefore, do not require any copies of any correspondence, photos or transcripts of any dialogue you may have with the trader, company or individual. You should instead, retain any copies of any information for yourself for any future reference or evidence that may be required, at a later stage.

I will be contacting my credit card provider now for help with their free legal...

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