Coach Hire Don't Get Done Get Dom


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I've been battling for consumer rights for years,

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

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

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

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

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bad customer service and the dreaded smallprint.

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

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Some firms are driving you barmy, causing you sleepless nights

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

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

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to make sure you don't get done.

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

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

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

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But John and Vicky Darvill very nearly missed their wedding

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

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

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

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

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

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

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who could provide them with a coach for £235.

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

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and this was confirmed by them.

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

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the emergency number being his mobile phone number.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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With their driver hundreds of miles away on another job,

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

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

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and tore off towards Petersfield Registry Office.

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-It was a journey full of...

-It was not nice.

-..anger and upset.

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

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

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But the disaster with the coach had tainted their day.

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

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

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This sounds like a job for yours truly.

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

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

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

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

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The pre-booking was really excellent.

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

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

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

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

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I left a message on their answerphone

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

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

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

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

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that the coach hadn't turned up

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

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

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

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

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

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

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

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

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to tell us that they had a problem.

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

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

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-No apology, no.

-No apology.

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

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

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-Saying...?

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

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

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'but they waited and waited and nothing arrived.'

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

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

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

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-How long ago was that?

-November, I think.

-November.

-Three months ago?

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-Yeah.

-Almost four.

-We've not heard from them since.

-The cheque never arrived?

-No.

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

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

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

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which deal with coach hire.

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What happens is that various people that they go to,

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

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

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How did their price compare to everybody else?

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

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

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

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

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They got the times right.

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They had quite specifically researched the address, which was reassuring

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

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

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

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

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

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

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I'd like our money back.

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

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-No, I paid by bank transfer.

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

-Yes.

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

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

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

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

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I'll start making some phone calls.

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

-Bye-bye.

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

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

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

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

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

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in the competitive travel market,

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

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

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

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

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

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

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

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

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but he hasn't had any luck.

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

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First National are about to get their first phone call.

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

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Welcome to First National Coaches.

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Please press 1 for general coach hire enquiries.

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Press 2 for LEA...

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

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RINGING TONE

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The person at extension 1007 is unavailable.

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

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

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

-No answer.

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Press 2 for LEA or other...

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I'm going to try them all.

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The person at extension 1007...

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

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Let's go for option 3.

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-Press 2 for LEA or other educational establishments.

-Been there, done that one as well.

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Let's try number 4.

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

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-RINGING TONE

-Five, four, three, two, one.

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

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

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

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-Good morning, Richard speaking.

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

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

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

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

-Yes. John Darvill.

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

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Yeah, they booked one of your coaches.

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

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

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Let's have a look. Darvill?

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John Darvill.

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

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where it links everything that has happened

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

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'Richard may not have the case at his fingertips,

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

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-It's for £235, that booking?

-That was the booking, yes.

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

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

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

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-Thank you very much.

-Thanks, Richard. Bye-bye.

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

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Everything got off to a reasonably good start.

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Let's see where it goes from here.

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Richard gets back to me the following day

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'and acknowledges that both bookings were not without fault,

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

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

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'Hm, that's got me thinking.'

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This case raises some interesting questions,

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because if you pay somebody to provide a service

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

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

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

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

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Very simply, an agent is somebody

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that is acting on behalf of a third party.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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'That's good advice for us all,

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

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

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

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

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

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

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

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

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

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

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they maybe either didn't book it

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or the agent or the coach company

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

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

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'I've now had another email from Richard Powell

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

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'He concedes there were major operational problems

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

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

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

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

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

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

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It's time to chase up First National Coaches.

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

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

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

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

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It's going to go to voicemail.

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RINGING TONE

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

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

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Here we go again.

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'It seems the landline's busy too.'

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Let's ring the mobile again.

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RINGING TONE

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

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

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

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

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

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

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for a repeat of the registry booking,

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so, in the cold light of day,

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

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

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

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and how can we go about making a claim?

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

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Breach of contract means

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there's been a binding agreement between two people,

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that one of them hasn't performed that agreement

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

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

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

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

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

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so there's the level of compensation.

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

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a special day, a special event,

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

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But in recent years, things have begun to change.

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

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

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

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

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and not got what they contracted to receive.

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Most people would far rather try and resolve a problem amicably

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without having the hassle of taking a company to court,

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

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

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

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

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

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

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

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

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

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

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

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

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and I look forward to your payment.

0:21:080:21:10

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

0:21:100:21:15

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

0:21:150:21:21

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

0:21:210:21:27

You can produce your receipts, for example.

0:21:270:21:29

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

0:21:290:21:34

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

0:21:340:21:37

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

0:21:370:21:42

how that worked, why it was,

0:21:420:21:44

so you have to tell the story from your perspective.

0:21:440:21:48

'Of course, with me on the case,

0:21:480:21:50

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

0:21:500:21:55

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

0:21:550:22:00

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

0:22:000:22:05

Hi, Richard. Thanks for calling me back.

0:22:050:22:08

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

0:22:080:22:15

Yeah...

0:22:150:22:17

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

0:22:170:22:22

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

0:22:220:22:27

'We move on to talking about compensation.

0:22:270:22:30

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

0:22:300:22:36

So, 150 to both couples, yeah?

0:22:360:22:38

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

0:22:380:22:45

-Smashing. Thanks very much.

-Thanks very much.

-Bye-bye.

0:22:450:22:49

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

0:22:490:22:53

'we've got a result on both cases.

0:22:530:22:56

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

0:22:560:23:01

'First National Coaches say they will refund their booking fee

0:23:010:23:05

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

0:23:050:23:12

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

0:23:120:23:16

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

0:23:170:23:22

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

0:23:250:23:30

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

0:23:300:23:36

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

0:23:360:23:40

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

-Nice to see you.

0:23:400:23:44

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

0:23:440:23:51

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

0:23:510:23:55

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

-You don't.

0:23:550:23:59

Things are fairly tense anyway and it just rose.

0:23:590:24:02

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

0:24:020:24:07

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

-No.

0:24:070:24:12

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

-The coach company responsible were...

-First National Coaches.

0:24:120:24:18

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

0:24:180:24:23

-A distinct lack, yes.

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

0:24:230:24:28

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

0:24:280:24:34

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

0:24:340:24:38

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

0:24:380:24:41

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

0:24:410:24:47

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

-No.

0:24:470:24:52

-Or an explanation as to what went wrong.

-Or an apology.

-Absolutely.

0:24:520:24:56

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

0:24:560:25:01

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

0:25:010:25:07

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

0:25:070:25:13

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

0:25:130:25:15

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

0:25:150:25:20

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

0:25:200:25:24

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

0:25:240:25:31

I didn't even have to ask for it.

0:25:310:25:33

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

0:25:330:25:37

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

0:25:370:25:41

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

0:25:410:25:46

-Good.

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

0:25:460:25:53

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

0:25:530:25:56

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

0:25:560:26:00

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

-Thank you.

0:26:000:26:06

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

0:26:060:26:13

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

0:26:130:26:19

And also especially for you, Vicky,

0:26:190:26:21

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

-Thank you. Thank you very much.

0:26:210:26:26

-I hope they're to your liking.

-They're lovely.

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

0:26:260:26:32

We asked First National Coaches to provide further comment.

0:26:320:26:36

They told us that they do have their own coaches,

0:26:360:26:40

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

0:26:400:26:46

They go on to say...

0:26:460:26:48

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

0:27:060:27:09

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

0:27:090:27:14

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

0:27:140:27:18

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

0:27:180:27:22

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

-Yeah.

0:27:220:27:27

How do you feel about the result?

0:27:270:27:31

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

0:27:310:27:36

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

0:27:360:27:42

-Well done, Dom.

-Thank you.

-Good result.

-Thank you. I like John.

0:27:420:27:46

I can see why you married him!

0:27:460:27:49

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

0:27:490:27:52

-Thank you.

-Bye-bye.

-Bye.

0:27:520:27:55

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

0:27:550:27:58

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

0:27:580:28:01

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

0:28:010:28:05

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

0:28:050:28:10

'And my carriage awaits. Taxi!'

0:28:100:28:13

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