CrossCountry, Delay Repay processing times

[pdq]

I'm going to email both customer services teams with all the details so they can sort it out between them.

 

[Watershed]

I've just come off a frustrating call with XC (after being on hold for over half an hour) where they are flatly refusing a DR claim that they caused.
Journey by my daughter: Tenby to Huddersfield on Aug 14th, changing at Swansea, Bristol PW and Manchester Picc.
The 0936 TEN-SWA was delayed, and arrived at SWA at 1121ish. 1122 SWA-PAD was held for less than a minute as passengers were ushered onto the PAD train.
No issues on that train, or at BPW. The XC BPW - MAN was then heavily delayed towards MAN meaning she missed her planned TPE train there and ended up in Hud somewhere under an hour late.

They are telling me that TfW are responsible even though that train's delay was not material as it was mitigated by good management at SWA. If the later XC train hadn't been delayed, she would have arrived at HUD on time. They say it was 'impossible' for her to get the 1122 - even though she did! Surely if I claim from TfW it's under false representation as their delay didn't cause my daughter's.

Any thoughts on next steps? It feels fraudulent to persue the claim from TfW, but apparently the XC computer says no.
Also, could anyone get me some screenshots of these services from RTT please? If I'd known a straightforward 30-60 delay would cause this hassle, I'd have captured them myself.

The sooner DR is centralised, the better!

Ta muchly.

XC are obliged under NRCoT condition 32.1 to forward your claim to any other operator they consider liable instead:

Your claim can be made to any Train Company whose services you used to make your journey, who will, if necessary, forward your claim to the Train Company responsible.

I would ask them to do so, or if they're unwilling to do so, to pay out themselves. I would also make a complaint about their refusal (which I don't think is warranted in the circumstances) since that starts the clock on being able to escalate it further.

 

[pdq]

XC did originally forward the claim, but did not include the ticket or info. TfW rejected the claim due to the lack of information. I was given the opportunity to send it but by then I had already set the appeal going.

 

[mickey]

If the ticket had been scanned on the original XC train, wouldn’t this therefore give rise to a potential claim of fraudulent behaviour, i.e. claiming DR for the wrong service? In a similar situation I’ve had it paid when I’ve explained what happened, so I’m surprised (or more accurately, disappointed but not particularly surprised) that hasn’t happened here.

 

[Starmill]

Transport for Wales or GWR can't be liable for your claim as they didn't cause any delays that affected your arrival time, which is the objective position.

Being delayed en route, even if by a qualifying time, say 35 minutes, and arriving at one's destination on time, say because one had a 50+ minute connection (which is pretty commonplace on a longer journey) does not result in entitlement to any compensation. In any case it appears you arrived on time at Bristol Parkway, so nobody could possibly argue that you were delayed before that point.

What matters for Delay Repay is what actually happened, not what hypothetically might have happened under different circumstances.

 

[pdq]

What matters for Delay Repay is what actually happened, not what hypothetically might have happened under different circumstances.

That's exactly my thinking. XC are maintaining that they did not cause the delay because TfW arrival was too late to make the connection. Even though we did! I've written to both companies in detail and copied in Transport Focus so we'll take it from there.

 

[Belperpete]

What matters for Delay Repay is what actually happened, not what hypothetically might have happened under different circumstances.

That is NOT how delay repay works. When you submit your claim, the only relevant information is your original itinerary. They ignore the number of minutes that you claim you were delayed by, and calculate it themselves by their "industry standard system". This seems to be based on actual train running times and minimum connection times. The fact that you made a connection is immaterial if the "system" deems that you shouldn't have. So sometimes you may get paid more than you claimed for.

This system is also used to determine which TOC is deemed responsible for your delay.

This system seems to be used by most if not all TOCs. I really see little point in fighting it. As long as you get your compo, does it really matter which TOC pays it? I suppose from the TOCs point of view, as long as they are all doing the same, what one TOC loses on the swings it gains on the roundabouts.

 

[AlterEgo]

XC are obliged under NRCoT condition 32.1 to forward your claim to any other operator they consider liable instead:

Indeed. They absolutely need to do this.

 

[Watershed]

XC did originally forward the claim, but did not include the ticket or info. TfW rejected the claim due to the lack of information. I was given the opportunity to send it but by then I had already set the appeal going.

In that case XC have not done their job properly, they need to include all of the information necessary for TfW to process your claim. I would include that in your complaint to XC.

 

[Belperpete]

If the ticket had been scanned on the original XC train, wouldn’t this therefore give rise to a potential claim of fraudulent behaviour, i.e. claiming DR for the wrong service?

On all the TOC delay repay systems that I am familiar with, you don't specify which service delayed you. You just say this was my original itinerary, this is how many minutes I was delayed by, and sometimes a cause (train ran late, cancelled, missed connection, etc). Most of which information they promptly ignore.

 

[Haywain]

TfW rejected the claim due to the lack of information.

In which case the claim has been submitted to TfW within the required timescale. Whilst there are good reasons to complain to CrossCountry, you should ensure that TfW have full details of your claim so that they can look at it properly.

 

[Starmill]

That is NOT how delay repay works.

They don't implement it correctly by the automated process, sure. But that's the policy, regardless.

They ignore the number of minutes that you claim you were delayed by, and calculate it themselves by their "industry standard system".

Not quite. Some of them will award you less than you claimed for if you their algorithm determines as such, but won't award more even if it determines as such. Others will.

This system is also used to determine which TOC is deemed responsible for your delay.

It's used as a figleaf to deflect cost, maybe. But it's not a relevant factor in determining who actually owes compensation if it came to court, say.

 

[pdq]

XC have passed the appeal claim over to TfW and this time have included the journey and ticket info. Fingers crossed...

 

[Adam Williams]

After putting in the RO complaint, CrossCountry managed to review it just 12 hours after the Ombudsman wrote to the Rail Service Provider asking for their side of events.

They have immediately incorrectly rejected the claim... sigh.

 

[Egg Centric]

After putting in the RO complaint, CrossCountry managed to review it just 12 hours after the Ombudsman wrote to the Rail Service Provider asking for their side of events.

They have immediately incorrectly rejected the claim... sigh.

When things like this happen I just think of it as a greater goodwill gesture in the future, make lemonade out of lemons!