Train Refunds Refused: Can You Claim Compensation?

If so, you’re not alone: many thousands of consumers in the UK have their claims for refunds rejected in any given year. Some consumers have valid and justifiable claims due to service delays and cancellations supported by potential evidence. However, many are unaware that they may have a legal claim that can be addressed in Small Claims Court without the need for a solicitor.

This article covers when you can claim compensation, your legal rights, and how CaseCraft can help you recover what is rightfully owed to you.

Common Scenarios Where Train Refunds Are Refused

Many train operators in the UK offer compensation schemes (e.g. Delay Repay) to passengers. However, passengers very often find themselves being refused in some circumstances. Here are some examples:

• Cancellation of service and there is no alternative offered and no communication 
• Delays of 15 minutes or more do not qualify for refunds 
• Advance tickets purchased for missed trains due to delays before their travel 
• Poor treatment of passengers during disruption and no compensation offered 
• Tickets purchased for trains cancelled due to strikes or industrial action 

Let’s take the example of Alex; he purchased a £58 return ticket to travel to a job interview, only to find that his outbound train was delayed over 1 hour, then eventually cancelled. He then had to take a taxi to the adjacent station and purchase a new ticket to complete this journey to his interview. He was denied a refund on his journey because it was deemed “not cancelled at the point of separation”, which is a technicality that resulted in over £100 extra costs. 

Incidents like Alex’s are more common than most are aware of and, in many instances, unfair or technically legally dubious reasons for refusal.

What Are Your Rights as a Train Passenger?

Across different layers of law and regulation, you have rights under:

• The National Rail Conditions of Travel 
• Consumer Rights Act 2015
• Delay Repay Schemes (generally operator-specific)

Under those rules, if your train is delayed or cancelled or you subsequently did not proceed with your journey as you thought, in most cases, you would be entitled to a refund or some compensation. If the operator unequivocally refuses your entitlement or gives some convoluted explanation not to provide your entitlement, it could be: 

• A breach of contract 
• An unfair commercial practice 
• Failure to provide the paid-for service

When Might You Be Eligible to Make a Small Claim?

You may have a reason to pursue a legal claim if any of these situations apply: 

• You were delayed or were stuck in a position to incur a loss with no refund at all  
• The train company cancelled or revised your service and did not reacquire your ticket  
• You submitted a claim under a compensation scheme (Delay Repay) that was improperly turned down  
• A refund was turned down or it was provided for a situation where there was no service provided

Evidence You Will Need to Build a Strong Case

If you are thinking of making a small claim, it is essential to have the appropriate evidence. The evidence can include: 

• Proof of purchase of the ticket, such as a receipt, confirmation email, apps, etc.
• Screenshots of train delays/cancellations from National Rail or other applicable apps
• Pictures or time-stamped messages confirming your travel was disrupted
• Other complaints/emails or forms you submitted to the train operator 
• The responses you have received from that company (or not)
• Receipts for any alternative transport or losses you have incurred

Steps to Take Before Going to Small Claims Court

Step 1. Use the official complaints procedure 

Use the official complaints procedure of the train operator and argue for a suitable resolution, such as a refund, compensation, or both.

Step 2. Allow time for a response

Allow the operator 14 days to respond, following the guidelines of the pre-action protocol. 

Step 3. Send a letter before action 

If the operator disregards your complaint or refuses to issue a refund, you can send a Letter Before Action. This letter notifies them that if they do not resolve the issue within a specified timeframe, you will proceed to file a legal claim.

Can You Use Small Claims Court for Train Disputes?

Yes. The small claims courts in England and Wales enable individuals to claim up to £10,000 for unsatisfied consumer claims, such as those relating to train services. 

This route is especially applicable when: 

• Refunds or Delay Repay claims have been unfairly rejected
• You have incurred valid expenses, yet the operator is declining to compensate you
• There has been a breakdown in communication, or it has ceased altogether
• There is no need for a solicitor, especially if you are using CaseCraft

How CaseCraft Helps You File Your Claim

CaseCraft is designed for the non-lawyer to kick off a claim in small claims court because it affords the structure and support necessary to: 

• Assess and analyse your chances of winning in your small claims  
• Organise your documents and evidence 
• Draft court documents free of the usual blunders that accompany legal submissions 
• Organise deadlines and submissions 

CaseCraft simplifies the process by removing unnecessary details, allowing you to regain control with less stress.

Possible Outcomes of Filing a Claim

After you make your small claim: 

1. The train operator may want to settle quickly and avoid court
2. The court may request a short online court hearing or written submissions
3. If successful, you will likely receive your fare back plus possibly some costs

The small claims system aims for efficiency and user-friendliness, especially in cases where consumer rights are clear, but the consumer has not had an opportunity to present their case adequately.

Final Thoughts: You Deserve Fair Treatment

Train delays and cancellations can sometimes be unavoidable, but if you’ve been unfairly denied compensation, that is something you can address. If your refund request has been rejected and you feel it’s unjust, you have the right to pursue legal action to recover your costs. 

CaseCraft is your partner in building your claim expertly, with confidence and clarity.

Take the First Step Today

If your train refund has been denied and you need assistance, CaseCraft can help you with that matter.

Start your claim today to recover what you are entitled to.