Refunding onto same payment card

Optimist

texranger wrote: »

look what i have highlighted in red. non of these are HAVE TO'S on the retailers part. a customer can request a cash refund but the retailer can refuse to give a cash refund

Go to court on the basis you refused to refund in a form of legal tender that can be used in any (not just yours) high street store and my money is on you losing..

texranger

Optimist wrote: »

Go to court on the basis you refused to refund in a form of legal tender that can be used in any (not just yours) high street store and my money is on you losing..

if it is paid by a debit card then the retailer can LEGALLY refund by any means they seem fit, even if customer asks for a cash refund then dont have to give a cash refund. iof you are refunded by HQ cheque or gift card, then you have been LEGALLY refunded in the eyes of the law.

unholyangel

Optimist wrote: »

Go to court on the basis you refused to refund in a form of legal tender that can be used in any (not just yours) high street store and my money is on you losing..

Hmmm i thought according to the royal mint its only legal tender for the purpose of court judgements and that the retailer and customer are free to agree their own terms of what is acceptable payment?

aldredd

texranger wrote: »

if it is paid by a debit card then the retailer can LEGALLY refund by any means they seem fit, even if customer asks for a cash refund then dont have to give a cash refund. iof you are refunded by HQ cheque or gift card, then you have been LEGALLY refunded in the eyes of the law.

But what is the difference between a credit note and a gift card? I'm not sure there is one - and oft's guide is quite clear that a credit note is not sufficient (unless both parties agree). If you get refunded by gift card, you're not then free to take your custom elsewhere.

texranger

unholyangel wrote: »

Hmmm i thought according to the royal mint its only legal tender for the purpose of court judgements and that the retailer and customer are free to agree their own terms of what is acceptable payment?

bank notes are physically worthless pieces of paper. a bank note was designed to stop people carrying around loads of silver bars which are the actually tender. this is whay they have a silver strip in them, so a £5 bank note is only an IOU from the Bank of England saying they owe the bearer £5 of silver.

but back on subject as stated before with a DC refund if the card is not available then the retailer can refund by any means they seem fit. read the agreement you get with your DC and you will see this.

otherwise when you pay with a DC it is taken from your bank account instantly, but a refund can take 5 working days, if this was treated as cash then a card refund would also be instant

Meepster

Optimist wrote: »

Quick search and here is the OFTs guidance on the matter

So where exactly does it say that is LAW?

It doesn't, which is why it's so vague. It's advice.

Want to try again?

Optimist

texranger wrote: »

if it is paid by a debit card then the retailer can LEGALLY refund by any means they seem fit, even if customer asks for a cash refund then dont have to give a cash refund. iof you are refunded by HQ cheque or gift card, then you have been LEGALLY refunded in the eyes of the law.

They must have changed the definition of legal tender since I did my law degree

I fear we are on a hiding to nowhere here, good luck in court if it ever comes to it and you explain to the judge that a gift card meets the requirement to refund.

texranger

aldredd wrote: »

But what is the difference between a credit note and a gift card? I'm not sure there is one - and oft's guide is quite clear that a credit note is not sufficient (unless both parties agree). If you get refunded by gift card, you're not then free to take your custom elsewhere.

its the name also if you were given a credit note from Burtons then this can only be used in Burtons, but given a gift card then this can be used in any Arcadia Group business

texranger

Optimist wrote: »

They must have changed the definition of legal tender since I did my law degree

I fear we are on a hiding to nowhere here, good luck in court if it ever comes to it and you explain to the judge that a gift card meets the requirement to refund.

oh i will inform Trading Standards that you know best

also

Trading Standards deal primarily with Consumber affairs
OFT deal primarily with B2B affairs

one of my store managers is ex TS so he knows consumer laws.

aldredd

texranger wrote: »

its the name also if you were given a credit note from Burtons then this can only be used in Burtons, but given a gift card then this can be used in any Arcadia Group business

Well I know the name is different :undecided

and while yes, in this example you could use it in one of their other brands, you're still being forced to spend your money with the same company - Mr Green still gets your cash.

And of course, a store isn't always part of a larger group of stores (I go back to my iPhone example)