MUST Statement: Court Deadline Approaches for ACS …
MUST statement on Auto Cup Scheme
This is a statement of guidance for those members and supporters who are United season ticket (ST) holders and who have renewed their ST, their money has been taken and they have received confirmation of renewal, but are now told that they must join the Automatic Cup Scheme (ACS) or have their ST invalidated/cancelled. The deadline given by the club for many of those who have not yet joined the ACS is 27 July.
MUST has received huge numbers of emails, calls and posts on our website forum from angry long-term and loyal ST holders who are appalled at the treatment they have received from the club over the ACS.
Many are angry about having to join the ACS when it is either too expensive (on top of substantial ticket price rises over the last few seasons), or they are unable to make it to midweek games because of work/school commitments.
The club’s ticket buyback scheme will plainly be unworkable for many games because fans cannot sell unwanted tickets until the club has sold all of the seats available to non-season ticket holders.
If a match is undersubscribed it is therefore the season ticket holders, not the club, who are out-of-pocket. But fans are also furious about the insensitive and actually incompetent way the club has handled this whole affair. The seemingly unplanned and cursory way that the compulsory ACS was introduced; the lack of information on the ACS given during the ST renewal
process; the inconsistent messages received by ST holders to their email or phone queries; the lack of any sympathy for those ST holders with particular problems (e.g. those with kids, or disabled supporters); the refusal to consider or discuss any valid individual circumstances for relaxation of the compulsory nature of the scheme - and this from a club which once prided
itself on being a family club, for which Sir Matt Busby once held a cherished dream that players, coaching staff, supporters and even directors would all become one big family.
All that has gone, replaced by the need and desire to take more & more money from supporters, principally to pay back huge debts incurred by our owners in buying the club.
What can you do if you have renewed and are being threatened with having your ST taken away, even without a refund?
We understand the club has been unable to point to any clause in the written season ticket terms and conditions explicitly requiring season ticket holders to join the ACS. Instead they are trying to rely on a technicality, that somewhere during the “application form/process” the requirement to join the ACS became part of the contract.
We believe that the club is on very shaky legal ground here because for many ST holders who renewed online or by phone before flyers containing a CD, which United now call “renewal packs”, were sent out at the end of May / beginning of June. Some fans also did not open these flyers before they renewed, thinking they were junk mail.
- the ST renewal online application form made no mention of having to join the ACS
- the `click wrap’ terms and conditions for season tickets did not require fans to join the ACS
- many of those who renewed by phone were not told of the obligation to join the ACS
- the terms and conditions of ST renewal made no mention of having to join the ACS (in fact suggesting cup tickets might not even be available )
- as part of the on-line renewal process, a screen was displayed on the e-ticketing website where actual renewal took place stating that renewal was complete (suggesting nothing more is required, e.g. joining the ACS)
- many of those who renewed online received an e mail stating categorically that their season tickets would be delivered in June
One MUST member, John Mayall, has already commenced legal action against United in the County Court for what he sees as a breach of contract (and/or invalid contract terms) through the club failing to provide his season ticket they promised to deliver in June .
We cannot make a recommendation as to what you should do if you have been put in this invidious position by the club. It is a personal and tough decision. We can only offer our support and assistance if you do refuse to join and have your ST cancelled. The following is for guidance only, this is
not legal advice and you should consult your own legal adviser if in doubt:
1. From what we hear coming out of the club, they will not cancel your ST and keep the money as the T&C states they are `entitled’ to. Even the Glazers surely would not dare do something so outrageous after such a display of incompetence over the ACS. However, it does remain a possibility and the club will likely pocket the interest on the money you paid.
2. If you do decide reluctantly to join the ACS, we strongly recommend you write to David Gill and the ticket office stating that you join the ACS under protest and indicating that this `agreement’ you are entering into is
subject to the courts determining whether the scheme is legal. This would then allow you a possible escape route, or an argument supporting a request to cancel ACS membership while remaining an ST holder, from the ACS if John’s (and others’) legal action is successful.
3. If you decide not to join the ACS, MUST will provide you with initial legal advice and support should you wish to take court action. As we have been doing with John Mayall and others who are considering the same step. We do believe that John has a good case, but of course nothing can be guaranteed when going to court.
United will of course put up a strong fight, they do not want to have to back down and make the ACS voluntary again. But if we can succeed in this aim, on an individual and group basis, it will be a real victory for supporters and will demonstrate the strength that fans have when they act
together against unfair, opportunistic and frankly greedy actions. That is all we want ? return the ACS to its previously voluntary status and end this unfair exploitation of loyal supporters.
By way of an update, the current Court deadline for United to file its defence to John Mayall’s legal claim is 2nd August. This possibly explains why the club has given fans only a few days to 27th July to decide whether to join the ACS, so that as many fans as possible are signed up before United have to come clean and file their defence, if they have one. The few days notice United has given is outrageously short given that it is school holidays and many fans will be away on holiday.
