Discount code misuse

Bumdeal1102

I got a discount voucher code from a website (not this one) which I used, placing 10 orders.

All my orders got processed and the items delivered bar one, which is out of stock but apparently going to be delivered early Nov.

Now, 3 wks or so later, the company are calling people and emailing them saying they want the goods back unused or you have to pay the full price as the code was for existing customers only and only one order per customer. I was not aware of these t&c's, as I got just the code from the website and when setting up my new account with the company and placing my orders I read and accepted the t&c's with each purchase which mentioned nothing to do with using or misusing discount codes.

I'm unaware of the t&c's which are apparent on the offer leaflet, but have heard it doesn't state anything to do with existing customers but does state one per customer. They website software obviously allowed several orders to be placed by the one person.

Where do I legally stand with this? Can they ask for the money or thd goods back? I have already had the discounted amount taken from my bank so surely they are my property now and they can't do this. Are they scare mongering?

Thanks for you help in advance.

mitch161

just like bartering happens in shops.. such as dont get done, get dom..

or where you may haggle for a cheaper price at a carbootsale..

the legal thing is that although there is a price on the supermarket shelf or website.

if both parties agree on a new price because of a offer/goodwill/voucher, discount by paying cash, etc, etc and then the money and goods are handed over. this forms the deal. the exchange of the money for goods finalises the deal and forms the contract of sale. it does not matter about terms and conditions or original prices. if the shop owner/supplier accepted the money and gave you the goods. its their fault.

your invoice/receipt and your bank statement is enough to show them they need quit.

you may find that you may not receive the 10th product.. but those 9 products are rightfully yours.

stand your ground the deal is done. they wont take you to court or send the bailiffs round for a mere ££ .

their mistake has to be accepted as them giving you the goods as good will as a mistake has been made. its their fault. they can only request out of good faith for goods back. but they have no legal power to get them back.

you paid the money so its not theft. so relax and enjoy your 9 products.

hvd201

This has happened with the company 'very' before. I can't remember what happened but have a search on here or hukd for the threads.

jenniewb

I don't know about legally as I am no lawyer- your best advised to call or visit (though they are very busy in most offices) the CAB or your local law center (if your town has one). They will be able to advise, but basicly if they stated the rules clearly when offering the discount then you are liable as you went against the terms and conditions.

I hear what you say about not knowing the terms and conditions but that then leaves it open to where you got the discount from, was it legit offer from a site they had given? A friend who told you the code? The third party who offered the code could also be potentially liable if they did not state the terms and conditions or even a link to the original code (again, questionable rather then actual) but it does sound like a grey area. Whose to blame is important as it could share the cost.

I'd call the company, ask them if they would be prepared to let this go or at least resude the costs (unless your sending stuff back). Its a bit of a technical error on their part I guess but equally similar to saying "well I was able to walk out of the supermarket without paying so I did and so shouldn't have been pulled up on it when I went back the next day as I'd made it all the way home and back", 1 or 2 orders you could say it was a mistake but 10 orders makes it look a bit obvious and I'd say grovel for their goodwill rather then expect it!

Browntoa

if you are not allowed to use the coupon its been backed by trading standards before that they are within their right to remove the discount

kimxy

Browntoa wrote: »

if you are not allowed to use the coupon its been backed by trading standards before that they are within their right to remove the discount

Fair enough, they have the right to remove the discount, but surely not after they've sent you the items and deducted the amount from your bank account?! (And you've probably used the item already)

STAR_BUCK

Hi

I think your referring to hope education. Im also in the same boat. Placed quite a few orders. Ive received all my items, had coreect amounts taken from bank and Ive even had invoices sent to my house with the correct amounts listed by the company. They hvent ontacted me yet maybe because i didnt give a real phone number. But if they do contact me i certainky wont be handing anyhing back. As As far as im concerned i offered payment with voucher, their systems accepted it and thats it contract is complete. I cant believe they r so slow. It took them several days before they stopped the glitch and only now are contacting people. I cant see how they are going to try to reclaim the money from everyone. It would be too expensive a task for them

STAR_BUCK

Also i have a copy of the original leaflet and no where on it does it say the terms n conditions. Just says 1per customer, nothing bout being an existing customer and nothing about consequences of multiple use of voucher.

jenniewb

STAR_BUCK wrote: »

Hi

I think your referring to hope education. Im also in the same boat. Placed quite a few orders. Ive received all my items, had coreect amounts taken from bank and Ive even had invoices sent to my house with the correct amounts listed by the company. They hvent ontacted me yet maybe because i didnt give a real phone number. But if they do contact me i certainky wont be handing anyhing back. As As far as im concerned i offered payment with voucher, their systems accepted it and thats it contract is complete. I cant believe they r so slow. It took them several days before they stopped the glitch and only now are contacting people. I cant see how they are going to try to reclaim the money from everyone. It would be too expensive a task for them

Depending on the loss made, they may feel they have to do this to keep the finances even, especially if they are a smaller more unknown company. If they get in debt collectors its not them that pay, its the people who mis-used the voucher who would be liable.

If you know you misued the voucher and your feeling worried, you know you did something wrong and the best way around that would be to contact the company and try to come to an arrangement. Coming to an arrangement like this would probably mean it works in your favor and you can come to a payment plan or even some of the costs ignored but if they end up chasing you and debt collectors get involved things probably wont be so easy.

STAR_BUCK

jenniewb wrote: »

Depending on the loss made, they may feel they have to do this to keep the finances even, especially if they are a smaller more unknown company. If they get in debt collectors its not them that pay, its the people who mis-used the voucher who would be liable.

If you know you misued the voucher and your feeling worried, you know you did something wrong and the best way around that would be to contact the company and try to come to an arrangement. Coming to an arrangement like this would probably mean it works in your favor and you can come to a payment plan or even some of the costs ignored but if they end up chasing you and debt collectors get involved things probably wont be so easy.

How can you call in debt collectors if there is no outstanding debt. Debt collectors would need to see eviudence of outstanding debt before they persue and the onus would be on Hope education to show that I owe more than Hope invoiced me for. I offered the payment partly in vouchers, the company accepted. They have even sent me invoices with the £30 deduction printed on it, and at the bottom it says that payment is complete. They cannot backtrack several weeks later and claim extra payment.

jenniewb

STAR_BUCK wrote: »

How can you call in debt collectors if there is no outstanding debt. Debt collectors would need to see eviudence of outstanding debt before they persue and the onus would be on Hope education to show that I owe more than Hope invoiced me for. I offered the payment partly in vouchers, the company accepted. They have even sent me invoices with the £30 deduction printed on it, and at the bottom it says that payment is complete. They cannot backtrack several weeks later and claim extra payment.

If your not worried about them trying to claim back money from codes they have decided to take away, (and so yes, they would be sending you a bill so you are aware what the difference is) then what are you worried about.