Coach Hire Don't Get Done Get Dom

I've been battling for consumer rights for years,

but it seems some companies are still not getting the message.

It seems to be the biggest companies not looking after their customers.

Day in, day out, thousands of you are still being taken for a ride,

and it's always the same old things - shoddy products,

bad customer service and the dreaded smallprint.

The customer service level is the most important thing to some people.

Some firms are driving you barmy, causing you sleepless nights

and can make you feel like you're the ones to blame.

But don't despair, cos I'll take them on,

to make sure you don't get done.

For most occasions in life, you can be a little bit late, it's acceptable.

But every now and again, you come across those life-changing scenarios where lateness is not an option.

And a wedding is right up there on that list of scenarios, especially if it's your own.

But John and Vicky Darvill very nearly missed their wedding

after being badly let down by a coach hire company, and they've contacted me for help.

It all began when the couple were planning their big day and decided to lay on a coach to get them

and their guests to the register office, an hour's drive away.

It was a lengthy journey from the house we'd hired to the registry office.

There was no parking at the registry office, so we decided to get a coach to fit all 20 of us.

John went online and after looking at several firms, he chose a company called First National Coaches

who could provide them with a coach for £235.

Two days before the event, I phoned them up to make sure that everything was in place

and this was confirmed by them.

They also gave me the emergency number and the driver's name,

the emergency number being his mobile phone number.

We were assured that they knew exactly where they were going.

I should hope so too, because like any bride and groom,

John and Vicky wanted their day to go as smoothly as possible.

It was an important day because it was the first time that all our children and us had been together.

We have eight children between us and it meant we could all be in one place for the first time ever.

The night before the wedding, John, Vicky and all of their guests stayed together at a local manor house,

and the plan was the coach would pick everybody up and take them to the register office,

but on the morning of the big day, there was no sign of the coach.

As soon as it got to 8.30 and it wasn't there, I became increasingly anxious as the minutes ticked by.

As they and their party waited for the coach, the couple became increasingly nervous

and John decided to try and find out what was going on.

I phoned the emergency mobile number of the driver to contact him and find out where he was.

The driver came on to his phone and explained that they were on their way to Dudley Zoo.

At this point, the penny dropped and I realised that we were in trouble

because clearly, this driver and this coach were nowhere near where we were.

With their driver hundreds of miles away on another job,

the couple now had to find a way to get themselves and their guests to the register office on time.

It was all hands on deck, rush for the cars, and we jumped in as many cars as we had there

and tore off towards Petersfield Registry Office.

-It was a journey full of...

-It was not nice.

-..anger and upset.

You'll be glad to know that John and Vicky did make it to the register office in time

and all their guests got to see them tie the knot.

But the disaster with the coach had tainted their day.

John and Vicky complained to First National Coaches and demanded a refund at the very least,

but it's now four months since their wedding and they haven't received a penny from the company.

This sounds like a job for yours truly.

I'm about to meet newly weds John and Vicky to hear all about their problems.

'I'd like to hear a bit more detail about John and Vicky's story

'and, in particular, their dealings with First National Coaches.'

How do you feel you've been treated by First National Coaches?

The pre-booking was really excellent.

There didn't seem to be any problems at all. They were extremely friendly,

so at that stage, I thought I had chosen the right company to do this job for me.

Subsequently, post the booking and post the disaster, how do you feel about the way you've been treated?

Well, I wasn't treated as such. There was no communication with us after the coach hadn't turned up.

I left a message on their answerphone

because their office is closed over the weekend, just at the point when you need their help.

John and Vicky contacted First National Coaches to complain on the Monday after their wedding

and they went straight to the owner of the company, Richard Powell.

I called him directly and he came on to the phone and said that he took it very seriously

that the coach hadn't turned up

and he said if I could wait a moment, he would tell me why it hadn't turned up.

The line went dead for a while, then he came back and said it was a mechanical failure.

'On the day, the couple had been told by the driver that he was on another job,

'but the bottom line is that John and Vicky paid for a service and it wasn't provided.

'Don't forget, the couple had paid in full before the big day.'

You've paid your funds, they've accepted it. There's a contract in place.

They should have supplied you with what you had requested, which was a coach.

The one thing that makes me angry is the fact that no-one actually contacted us

to tell us that they had a problem.

We could have missed the slot at the registry office and that would have been absolutely disastrous.

To this day, has anybody contacted you, even with an apology?

-No apology, no.

-No apology.

'However, after they had complained to First National Coaches,

'John and Vicky did receive a letter from the company.'

-Saying...?

-Saying that I could have the £238, or whatever it was, back.

'It sounded like they were at least going to get their refund,

'but they waited and waited and nothing arrived.'

You've not even had the money back for the service they didn't supply?

We did have an email from them saying they had authorised a cheque to be issued to us,

which I suppose, in modern parlance, is like saying the cheque's in the post.

-How long ago was that?

-November, I think.

-November.

-Three months ago?

-Yeah.

-Almost four.

-We've not heard from them since.

-The cheque never arrived?

-No.

'The company's lack of contact is both worrying and frustrating for them both.'

What made you choose First National Coaches out of all the others?

Well, I looked on the internet through one of these price comparison sites

which deal with coach hire.

What happens is that various people that they go to,

who presumably have subscribed to their site, come back with quotes within 24 hours.

I had two or three quotes, one of which was First National Coaches.

How did their price compare to everybody else?

I think it was marginally cheaper, but that wasn't the only reason for choosing them.

It was because the quote appeared to be more professional, more thorough.

It seemed to have the right credentials, what I was looking for in a quote back for hiring a coach.

Give me an idea of what they were offering that seemed more professional than others.

They got the times right.

They had quite specifically researched the address, which was reassuring

because if you're a coach company, you want to make sure

that the price reflects where you're going to and where you're coming from

and it just had the look of an organisation that knew what it was doing.

'But sadly for John and Vicky, it didn't turn out that way,

'and my job is to see what I can do to put smiles back on their faces.'

In an ideal world, what would you like for me to try and get for you?

I'd like our money back.

That's minimum. Legally, you can get that. I'm assuming you paid by credit card?

-No, I paid by bank transfer.

-OK. It makes it slightly more awkward, but you can still get it back.

-Yes.

I think we're also looking for compensation. I wouldn't normally pursue that line of attack,

but given the day that it was, it could have been disastrous.

As it is, it did spoil the beginning of the day significantly.

The fact that we recovered from that is neither here nor there.

I'll start making some phone calls.

-Nice to meet you, John. And you, Vicky. Speak to you soon. Bye-bye.

-Bye-bye.

One of the most important days of your life without any doubt is your wedding day.

John and Vicky's was almost ruined by First National Coaches,

so let's see what they've got to say for themselves.

As always, before I get stuck into this case, I like to find out who I'm dealing with.

First National Coaches, or FNC Coach Hire, boasts over ten years' experience

in the competitive travel market,

stating on their website they believe "there is no better coach hire company in the UK".

However, it seems John and Vicky Darvill are not the only people

who have had a less than perfect experience with First National Coaches.

We've also heard from a chap who didn't want to be identified,

but who tells me he paid First National Coaches £1,169 to provide a coach for a youth outing,

but on the day of the trip, he got a call to say the coach had broken down and couldn't pick them up.

He ended up having to organise another coach with a different firm,

and he's been asking First National Coaches to refund them the £1,169 for the coach that broke down,

but he hasn't had any luck.

Let's see if I can get things in motion.

First National are about to get their first phone call.

'I'm keen to hear their side of the story.'

Welcome to First National Coaches.

Please press 1 for general coach hire enquiries.

Press 2 for LEA...

'I'm being given a list of options here. The question is - which one to choose?'

RINGING TONE

The person at extension 1007 is unavailable.

Sorry, but the user's mailbox can't accept more messages.

'Hm, I'll try the next one.'

-Please press 1 for general coach hire enquiries...

-No answer.

Press 2 for LEA or other...

I'm going to try them all.

The person at extension 1007...

Exactly the same message I got when I pressed option 1 as option 2.

Let's go for option 3.

-Press 2 for LEA or other educational establishments.

-Been there, done that one as well.

Let's try number 4.

Here we go. 'And I'm just getting more of the same.'

-RINGING TONE

-Five, four, three, two, one.

'Until finally...' Oh, hi, good morning to you.

It's Dominic Littlewood calling from the BBC. Is it possible to speak to Richard Powell, please?

'Yes, I'm going straight to the top on this one.' Thanks very much... That shocked me.

-Good morning, Richard speaking.

-Richard, good morning. It's Dominic Littlewood from the BBC.

We've had a few complaints come in and I wondered if I could take some details from you

and email the people's details over? Is that possible?

-Yeah, definitely. Are you able to say who the customer is?

-Yes. John Darvill.

'I was rather hoping he might recognise the name.'

Yeah, they booked one of your coaches.

It was initially to take a wedding party to a registry office.

Everything failed to happen. That's the brief outline.

Let's have a look. Darvill?

John Darvill.

We've got a computer system which I can give you a link into happily

where it links everything that has happened

or a customer who has had a complaint or anything, and he hasn't done anything.

'Richard may not have the case at his fingertips,

'but John and Vicky have been in touch with the company, so he says he'll look into it.'

-It's for £235, that booking?

-That was the booking, yes.

'I also pass on details of my second case about the youth outing.'

-If you pop that over, I can send that back to you.

-OK, smashing. I'll email you this afternoon.

-Thank you very much.

-Thanks, Richard. Bye-bye.

There was a man who was very polite, very professional and said, "Fine, send the email over."

Everything got off to a reasonably good start.

Let's see where it goes from here.

Richard gets back to me the following day

'and acknowledges that both bookings were not without fault,

'but he tells me that both bookings were made through the agency side of their business,

'so they took the booking and it was down to a separate coach hire firm to supply the coach.

'Hm, that's got me thinking.'

This case raises some interesting questions,

because if you pay somebody to provide a service

and it turns out that somebody else is providing that service,

who do you turn to if things go wrong and who is actually at fault?

'We've called in a bit of expert advice from the Trading Standards Institute

'and first of all, let's establish exactly what an agent is.'

Very simply, an agent is somebody

that is acting on behalf of a third party.

It's on behalf of. In legal terms, it's the principal,

in other words, the person that you're contracting with.

You're not contracting with an agent. You're making an agreement with this third party.

'So, although the agent is the person you book with,

'your contract is with the principal, the person who provides the service,

'and in theory, you should turn to them if things go wrong,

'but is it always obvious you're booking through an agent?'

If the agent is only that, they need to make it 100% clear up front who you're booking with,

and if they don't, that for me is the biggest drawback

and a big problem for consumers that think they're booking with a company in the UK

and they find that because that company was only an agent,

they're booking with somebody in Italy or goodness knows where.

'And here, us consumers have the law on our side.'

It's a bit of a "but". In fact, it's an important "but".

From a legal point of view, if the agent does not disclose who the principal is,

you are entitled to hold them responsible for any breach of contract.

'That's good advice for us all,

'and next time you're booking something, whether it be a coach or a holiday in the sun,

'try to make sure you know who the agent is and who will be providing the service.'

'I've asked John to do a little bit of research and take a look at First National Coaches' website

'to see whether it's clear that they sometimes act as agents.'

Let's look at FNC, their home page, and we'll look at private hire

because that's what we were originally going to do.

It says here, which is important... To me, it suggests that they're an agent.

It says, "We can find the coach or minibus to suit you

"and the level of comfort and budget that suits your occasion."

That suggests to me that when they did find the coach for our trip,

they maybe either didn't book it

or the agent or the coach company

which was going to respond to their request to do the job for them just didn't turn up.

The reason for that, I've no idea, but this suggests that's what might have happened.

'I've now had another email from Richard Powell

'about both John and Vicky's situation and the youth outing case.

'He concedes there were major operational problems

'and these were not First National's own coaches or drivers.

'He says it's stated in First National Coaches' terms and conditions

'that they cannot be held responsible for instances such as this,

'but he wants to be fair and has made an offer.

'It's promising news, and over the next few days we exchange a few more emails,

'but sometimes it's just better to talk man to man.'

It's time to chase up First National Coaches.

When I last spoke to the guv'nor there, he gave me his mobile phone number, which is great

because it means I've got a much better chance of speaking to the main man.

'I want to talk to him about the offers he's made,

'but more importantly, I'm still chasing answers as to exactly what went wrong with his bookings.'

It's going to go to voicemail.

RINGING TONE

Right, it seems Mr Richard Powell, owner of First National Coaches, isn't answering his mobile.

He must be busy. Let's try ringing the landline number.

Here we go again.

'It seems the landline's busy too.'

Let's ring the mobile again.

RINGING TONE

'I'm sure Richard will get back in touch soon and, hopefully, we'll get some more answers on this case.'

For John and Vicky, the cost of the coach not turning up was more than just financial.

They feel it tainted their wedding day, which is something they can never replace.

To re-book the wedding at the registry office would have been hopeless,

because it would have missed out on the entire event of being to stay together as a family,

and certainly my son who came over from Spain would not have been able to fly over again

for a repeat of the registry booking,

so, in the cold light of day,

their failure to transport us to the registry office put a great deal at risk from our point of view.

Because of the stress they've experienced on their big day, the couple would also like compensation.

But what do we consumers need to know about when it's reasonable to expect compensation

and how can we go about making a claim?

Who better to ask than a lawyer who specialises in litigation?

Breach of contract means

there's been a binding agreement between two people,

that one of them hasn't performed that agreement

and the other has suffered some loss and damage as a result.

They're entitled to compensation to put them financially in the position in which they should have been.

What about cases where the loss can't easily be measured in pounds and pence?

Typically, courts are used to cases that are about financial loss,

and it's fairly easy for a court to say this breach of contract has led to this financial loss,

so there's the level of compensation.

Where it gets more complicated is where the contract is for something less tangible,

a special day, a special event,

and then it's harder for the court to put breach of that contract into financial terms.

But in recent years, things have begun to change.

What has happened is the courts have got used to dealing with those sort of contracts

which are all about the quality and the enjoyment of what's being sold.

Holiday cases are a good example, and the courts have been able to award compensation

where there's no financial loss, but somebody has really suffered

and not got what they contracted to receive.

Most people would far rather try and resolve a problem amicably

without having the hassle of taking a company to court,

so what's the best way to make a compensation claim direct with the firm at fault?

My advice normally to them would be to make a claim to the business

and to do it in a way that makes the business take them seriously.

By that, I mean to put it in writing in a considered letter

which, actually, when the business look at it, they think,

"This consumer has probably taken advice, they probably know what they're doing.

"I'd better treat him more seriously than I might otherwise."

Any letter to a company should carefully detail what went wrong,

how the contract was breached and should then explain what has been lost as a result.

If the loss is hard to put into terms, then give an explanation in human terms

of how you were upset, inconvenienced, lost out here,

and then conclude whether therefore I believe I'm entitled to compensation or damages for breach

and I look forward to your payment.

If that doesn't work, you may feel you have no choice but to take it all the way to court.

The onus is on the claimant in any court action. The onus is on the consumer.

Where it's obvious financial loss, that's a fairly easy onus to discharge.

You can produce your receipts, for example.

Where what you're saying is, "I was really upset, let down,

"my day was spoiled, my holiday was ruined,"

then the onus very much is on the individual to explain in human terms

how that worked, why it was,

so you have to tell the story from your perspective.

'Of course, with me on the case,

'John and Vicky are hoping it won't come to anything so dramatic as court.

'First National Coaches owner Richard Powell and I have been in contact over the last few days.

'I couldn't get hold of him earlier, but he's now returned my call.'

Hi, Richard. Thanks for calling me back.

I need to ask you about what's gone wrong here and what you'll say to make sure it doesn't happen again.

Yeah...

'We discussed the cases in a bit more detail and Richard explains that, in both cases,

'they weren't aware of what had happened until it was too late.

'We move on to talking about compensation.

'Richard has mentioned in an email that he is prepared to consider this and we talk about exact figures.'

So, 150 to both couples, yeah?

To both couples, to have a totally free coach to do another trip similar to what they had before.

-Smashing. Thanks very much.

-Thanks very much.

-Bye-bye.

'Richard has responded quickly to my emails and calls and, more importantly,

'we've got a result on both cases.

'In the case of the youth outing where the coach broke down and couldn't take the group anywhere,

'First National Coaches say they will refund their booking fee

'and they've also offered £150 in compensation and to provide a coach for another trip free of charge.

'Not bad at all. But what about the couple who were let down on their wedding day?

'Well, it's about time I caught up with John and Vicky to give them some news.'

It's freezing cold today and John and Vicky have come all the way up to London to meet me,

which I really appreciate, so I hope they'll be happy with the news I've got for them.

'And it looks like they're here and waiting for me.'

-Hi, John. Hi, Vicky. How are you both doing? Nice to see you again.

-Nice to see you.

OK, just give us a little reminder of the predicament you found yourselves in on your wedding day.

That scenario would be bad enough if it was a school trip to the zoo,

-but on your wedding day, you don't need that aggravation.

-You don't.

Things are fairly tense anyway and it just rose.

I've never been married, but I imagine from the moment you get up, if you sleep at all,

-there's a lot of things going through your brain. You don't need any hiccups.

-No.

-To start the day off, you don't need that.

-The coach company responsible were...

-First National Coaches.

Communications - you've had a lack of it with Richard Powell and First National Coaches.

-A distinct lack, yes.

-How many times did you try to get your money back?

I think communications started almost two days after the wedding, and there's been emails.

Initially, they were quite polite, but they didn't address any questions.

Registered letters have gone with nothing coming back the other way.

They offered to refund the money, but that's not been forthcoming, and we've not heard anything.

-You didn't get your coach and you've not had your money back, let alone any compensation.

-No.

-Or an explanation as to what went wrong.

-Or an apology.

-Absolutely.

You should have had an explanation, an apology and your money back, minimum.

'First National Coaches told us they did put a cheque in the post after the couple originally complained,

'but John and Vicky never received it and the company admit they should have chased it up,

'but I'm not here to focus on the past.'

In fairness to First National Coaches and the person I spoke to, everybody was quite civil.

Richard Powell runs the company. I got through to him quite quickly.

He even offered me his mobile number just in case I had any problems, which is quite good, I like that.

I didn't even have to ask for it.

He didn't seem to be that aware of how bad the problem was,

and he seemed to be quite concerned about what had happened,

and what he would like to do initially is to give you back your £235 booking fee.

-Good.

-It's the least he can do. Had you pursued this any other way, you would always have got that back.

You should have had it back immediately the coach didn't arrive

with an apology and compensation and a box of chocolates or whatever!

-He has posted a cheque to us. It should be here any day and we'll forward that on to you.

-Thank you.

By way of an apology, he would also like to give you £150 compensation to spend on whatever you want.

It's a way of him just acknowledging the problem, saying sorry and, hopefully, putting things to bed.

And also especially for you, Vicky,

-he would like you to have these flowers as well.

-Thank you. Thank you very much.

-I hope they're to your liking.

-They're lovely.

-I've never known a lady not like a bunch of flowers.

We asked First National Coaches to provide further comment.

They told us that they do have their own coaches,

but sometimes have to operate as an agent or broker and arrange coaches through other companies.

They go on to say...

Mr Powell told me they've brought in a new system

where a phone number is given out to anybody booking a coach, a 24-hour, seven-day-a-week phone number,

and should anybody find themselves in a similar situation to you,

they can ring this number and one of the companies, they're all linked,

-somebody will step in and supply a coach to get anybody out of any predicament.

-Yeah.

How do you feel about the result?

I'm absolutely delighted that you've taken it up. I don't think we'd have heard from him again.

I'm absolutely delighted that he's communicated with you and the money is forthcoming. Thank you very much.

-Well done, Dom.

-Thank you.

-Good result.

-Thank you. I like John.

I can see why you married him!

And I can see why you married Vicky as well! All the best.

-Thank you.

-Bye-bye.

-Bye.

To John and Vicky, it was never all about compensation.

It was about the recognition of the problem and an apology.

They got it. They got an apology, a bunch of flowers,

£150 compensation and their money back. I think my job's done.

'And my carriage awaits. Taxi!'

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