I bought train tickets with assigned seats for me and my friend but, once on board, people were sitting in them and refused to move. It was packed so we couldn’t sit together. What are my rights? J.F., Bath.
Dean Dunham replies: Generally speaking, consumers should always get ‘what it says on the tin’ – so, as you reserved specific seats, they should have been made available to you.
The fact that you did not get these seats effectively means there could potentially have been a breach of contract on the part of the rail company, unless its terms and conditions state that reserved seating is not guaranteed.
The first step is to look at the operator’s terms and see what they say about reserved seating. In this respect, some operators, such as LNER, have a Seat Guarantee Scheme which provides compensation when reserved spots are unavailable and no alternative is found – which would not apply in your case as you found other seats.
If sitting apart caused distress or a form of loss, this could give rise to a compensation claim. Perhaps you were going to share lunch or use the journey to work ahead of a meeting. Here, you would claim a ‘consequential loss’ – a loss as a consequence of the reserved seats not being available – under the Consumer Rights Act.
If someone steals your reserved seat there could potentially have been a breach of contract on the part of the rail company, Dean Dunham writes
However, you won’t have a claim if the train operator’s terms and conditions state reserved seating is not guaranteed. If you want to make a consequential losses claim you will need to produce evidence to substantiate your position.
The other common scenario with rail travel I hear about is when passengers buy a first class ticket only to find there are no seats available in the first class carriage, so they end up travelling in standard class. The legal position here is similar to the reserved seats situation with one difference: the train operator cannot exclude liability under its terms and conditions.
In addition to your rights under the Consumer Rights Act, the National Rail’s T&Cs (which govern all train operators) help as they state: ‘If you hold a first class ticket and the first class accommodation on your train service has been declassified or you are unable to sit in it for all or part of your journey because it is full, you will be entitled to a refund as set out in Condition 31.’
Condition 31 declares you will be entitled to a refund equal to the difference between a standard and first class ticket.
My mother lost her mobile and her provider is refusing to speak to me
My mother has lost her mobile phone and I’m trying to sort it out with her provider, but they won’t speak to me as it’s not my phone. What are my rights? P.H., via email.
Dean Dunham replies: Due to stringent rules mobile phone providers must adhere to, such as the Data Protection Act and UK GDPR, providers generally can only share personal information or take action on an account if the account holder is present and gives verbal consent or written authorisation (a signed letter or power of attorney) or you are a registered third-party on the account.
If your mother is unable to speak to the provider due to illness or disability, for example, ask them if they will speak to you if you are appointed as your mother’s representative via a letter of authority.
This will be a letter from your mother stating she gives the phone provider authority to speak to you and deal with this specific matter on her behalf.
Alternatively, if your mother is able, you could ask if they will accept verbal consent from her via a phone call. If they refuse, your next step will be to ask for a copy of its complaints procedure before filing a formal complaint on your mother’s behalf on the basis of poor customer service.
It may also be worth telling the provider that, if it fails to assist, a complaint will be made to the applicable alternative dispute resolution scheme it subscribes to – the Communications Ombudsman or CEDR (the provider will confirm which). This threat may cause them to be more helpful.
In the long-term, you may want to consider your mother granting you a power of attorney, a legal document that will give you the right and authority to act and make decisions on her behalf in financial, medical and various day-to-day matters.
Write to Dean Dunham, Money Mail, 9 Derry Street, London, W8 5HY or email d.dunham@dailymail.co.uk. No legal responsibility can be accepted by the Daily Mail for answers given.
