Legally, what am I entitled to?

trickytrolleys

I agree you have no rights in this situation as you have no contract with them, its a bummer from your point of view but it is basically because only you can enter yourself into a contract - it would be an even bigger bummer if your friend was able to create a legally binding contract for you to buy a car!! its the laws way of trying to protect you!!

calleyw

Wig wrote:

All shops will only refund on the card which purchased. If you want to sort this either pick something you like - can't be that difficult. or ask your friend to post her card to you, and you post it back, afterwards.

Interested in how that would work. Don't think the friends bank would be very pleased if the card went awol while in the post.

Not done a refund since the new chip and pin would you need the pin number as well or just sign. Either way you are trying to pass yourself off as someone else. And trying to obtain a refund that you are not entitled to. As the friend bought and paid for it not you. So would that not be classed as type of fraud or at least very dodgy.

Even if you get away with it. The money is still going back in to the friends account. So the OP still ends with nothing.


Yours


Calley

Coupon-mad

calleyw wrote:

Interested in how that would work. Don't think the friends bank would be very pleased if the card went awol while in the post.

Not done a refund since the new chip and pin would you need the pin number as well or just sign. Either way you are trying to pass yourself off as someone else. And trying to obtain a refund that you are not entitled to. As the friend bought and paid for it not you. So would that not be classed as type of fraud or at least very dodgy.

Even if you get away with it. The money is still going back in to the friends account. So the OP still ends with nothing.


Yours


Calley

I've done a refund (or six) since the chip & pin was introduced, and have found that you do have to enter your Pin Number.

I can't see how it would work safely either - and why would the friend want to post her card out, wouldn't it be easier to post the item back to the friend so she can obtain the refund (as she was the original buyer). Personally though I wouldn't do this either as you'd be offending and inconveniencing the friend.

On the subject of shops' returns policies, Monsoon's doesn't seem too bad and if the friend had paid cash the refund would have been possible anyway. The shop I avoid is HMV because last time I wanted to return an unwanted (unopened, and with receipt) kids DVD I had to exchange it - and I found that most of their stock was priced higher than competitors...felt ripped off!

Wig

calleyw wrote:

Interested in how that would work. Don't think the friends bank would be very pleased if the card went awol while in the post.

They send the cards to us through the post, I don't see a problem, just report it lost if it doesn't arrive next day or the day after. If the pin is needed that can be given over the phone, I'd have no trouble giving my good friend my PIN in this circumstance, if you really want you can change it B4 posting and then change it back when you get your card back.

Either way you are trying to pass yourself off as someone else. And trying to obtain a refund that you are not entitled to.

big deal, you're just getting a refund done as though it were your card, it's not like you're trying to steal money from the card holder or the bank.

So would that not be classed as type of fraud or at least very dodgy.

I'd say "dodgy" not very dodgy or fraud.

Even if you get away with it. The money is still going back in to the friends account. So the OP still ends with nothing.

That's the idea, so the freind can then send some m&S gift vouchers or whatever.

I suggested posting the card because it would only cost 32p or whatever 1st class is these days. Obviously the friend may not be willing, I'm just going on what I would be prepared to do.

trickytrolleys

I'd prefer my friend to tell me she didnt like it than be stuck with something she doesnt want and have my money wasted !!

Dead_Eye_Jones

I find it troubling that the shop is being portayed as being in the wrong. Come on people, why is everyone out for themselves all the time. I find it real sad that there is actually a feeling of being wronged. Geesh, someone bought you a gift, it sucked, get over it. Why not slap your firned for having poor taste, some friend they are if they dont even know what stuff you like.

Or why not donate the gift to a charity shop.

Geesh its unbelievable, ya acting like the store has conspired to destroy your life - the monsters!

No one should be taken for a mug, but this is the consumer backlash gone to far. Peronally I wouldnt feel wronged in any way, Id be happy that the store even offered me the chance to exchange. I remember when we used to mock American society for being over the top letigious, comlpainers but we are fast heading there too. Who cares if we turn out to be a bunch of miserable complainers who get what they deserve (and im sure we'll all get what we deserve ) - its the principle that conuts!

trickytrolleys

I cant actually see what the shops problem is, its not as if they're not getting the money eitherway if they let the OP swop for vouchers - are they that hard up ???? Although the shop is in the right legally it wouldnt kill them to exchange would it ??

calleyw

Wig wrote:

They send the cards to us through the post, I don't see a problem, just report it lost if it doesn't arrive next day or the day after. If the pin is needed that can be given over the phone, I'd have no trouble giving my good friend my PIN in this circumstance, if you really want you can change it B4 posting and then change it back when you get your card back.

big deal, you're just getting a refund done as though it were your card, it's not like you're trying to steal money from the card holder or the bank.

I'd say "dodgy" not very dodgy or fraud.

That's the idea, so the freind can then send some m&S gift vouchers or whatever.

I suggested posting the card because it would only cost 32p or whatever 1st class is these days. Obviously the friend may not be willing, I'm just going on what I would be prepared to do.

And if they ask you how you lost it don't think that you bank is going to take kindly to you saying Oh I posted it to a friends so they could get a refund. yes you could lie.

Yes I am well aware of how they send cards through the post. But not sure if you are aware of it but you have to activate the card before you can use it the first time. And with the the correct security it would be no good to anyone.

So I send my card through the post with a letter and write my address at the top of my letter. And someone steals it. Oh that is right they can now use my card as it has three digit code on the back. And send to any where in the world. And how do I tell my bank that my card was not stolen from my purse but I sent it via the post to my mate. So they could pretend to be me. Don't think the bank are going to be to impressed do you.

I am sorry but even my husband does not know my pin number. So there is no way I am going to hand it out willy nilly to friends.

I find your solution beyond belief. And on very dodgy ground.

And by handing out your pin number you are very sticky ground with your bank. As that is one thing they don't like at all. And you might find that you are not covered if your bank account is ripped off.

The OP has been offered a solution which is an exchange. Or they could contact their friend and explain and then return the goods to the friend. To deal with.

Yours


Calley

calleyw

mcelhinney wrote:

I cant actually see what the shops problem is, its not as if they're not getting the money eitherway if they let the OP swop for vouchers - are they that hard up ???? Although the shop is in the right legally it wouldnt kill them to exchange would it ??

They offered an exchange of goods. And it is up to the shop to decided what there returns policy.

There have been cases of people stealing things and then returning them without a receipt to get cash back.

That is why shops are more careful now. And prefer receipts. And to me it is standard practice to offer a exchange or if it is to refunded only to the same card.

No it might not kill the shop to offer gift vouchers but the exchange policy is more than generous when there is nothing wrong the goods. If they where faulty then I suspect that GV would be offered.

One good reason to use cash if buying a present rather than a a card as there would then be no problem with a refund. But then I don't know why the OP friend just did not buy her gift vouchers in the first place.

Yours


Calley

babybimbles

I LOVE Monsoon, you are more than welcome to exchange something for me :kisses3:

No but seriously, why dont you just sell the item on ebay or if you think it wont be popular (for whatever reason) exchange it for something that will be, Monsoon items are very popular.