Peacocks Gift Card

shilcor

wealdroam wrote: »

I have no idea what the answer will be from Barclaycard.

It does occur to me however, that Barclaycard could say something like "You purchased a gift card and received a gift card. Nothing wrong here."

I hope I am wrong. Just be prepared is all I'm saying.

Bit of a grey area I suppose. As you say, we bought a gift card and got what we paid for but you could also argue that what we bought doesn't work. If I bought a kettle and it didn't work when I tried to use it, I'd want a refund so you could say that the gift card is "not fit for purpose".
Have sent off a claim form to KPMG so might get back the value of the stamp I used to post it eventually!

For anybody interested, I got the following reply from Barclaycard.
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Thank you for your e-mail. May I please take a moment to explain that the first course of action lies with you contacting the merchant and coming to an agreement or arranging a refund. If you are unable to resolve the matter directly, you can dispute the transaction online by logging in to mybarclaycard at www.barclaycard.co.uk or contact us again and we will issue you with the necessary dispute forms. These forms can only be sent once the company/merchant has been contacted directly by yourself first - which we would need proof of - and will be sent to you via normal post. Please ensure that you keep copies of any letters or e-mails you send to them regarding this. We will require these as evidence that you have tried to resolve the matter with them directly. We are happy to investigate disputed transactions where mediation between the merchant and cardholder has proved unsatisfactory. Moreover, I would like to inform you that credit card companies are third party only to any debiting authority made between their cardholders and a company/merchant. As a credit card is a guaranteed method of payment, credit card regulations stipulate that the card issuer has no direct authority to initially stop, cancel or refund any guaranteed payment made between the two parties. I trust this information is of assistance. Should you have any further queries, please do not hesitate to contact me.
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arcon5

shilcor wrote: »

Bit of a grey area I suppose. As you say, we bought a gift card and got what we paid for but you could also argue that what we bought doesn't work. If I bought a kettle and it didn't work when I tried to use it, I'd want a refund so you could say that the gift card is "not fit for purpose".
Have sent off a claim form to KPMG so might get back the value of the stamp I used to post it eventually!

For anybody interested, I got the following reply from Barclaycard.

I think that would be a poor response if they refused to action a chargeback. I agree the gift card is not fit for purpose.

The only problem is a chargeback isn't guaranteed:

Claims must be addressed to the bank that provides your debit card or your credit card, which in turn will put in a request to the merchant's bank. As a result, you could still get your money back from the merchant's bank if the money is there to be recovered. However, there are no guarantees that your bank will be able to recover the money through chargeback.

So where the bank is unable to recover the funds on your behalf, who takes the hit is the question?

mattyprice4004

I'm sure I read somewhere that the consumer takes the hit if they can't recover the money, but can't think for the life of me where.

daveboy

DJDavey wrote: »

Peacocks told all Stores on Mon/Tuesday to stop selling gift cards, that is all you need to know.

You will be claiming JSA very soon.

That's all YOU need to know.

I_luv_cats

Beware shopping gift vouchers during economic turmoil

« MPs' financial education in schools debate next week MP renews call for cap on payday loan costs »

Helen Knapman
News Reporter
6 December 2011

MSE Shopping & Spending guides Print
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Consumers who buy gift cards or vouchers for themselves or as a Christmas present have been urged to double-check the stability of the retailer before splashing out, to minimise the risk of losing cash.
In the current tough economic climate, many high street brands have fallen to the recession. Only this year, Habitat, Moben, Focus DIY, Jane Norman and tour operator Holidays 4 U went into administration.
Key Points

• If a retailer goes bust, gift cards can be worthless
• Check a retailer is solvent before buying

If you buy a gift card or voucher and that company goes bust, you or the recipient may never be able to use it, while it's unlikely the buyer will get money back.
Even where a troubled firm is taken over, terms and conditions can be changed to make gift cards and vouchers more difficult to use.
In July, women's fashion store Jane Norman went into administration and its gift card conditions were changed, so consumers could only spend them on full price items, and the total spend had to be twice the value of the gift voucher.
According to Trading Standards, retailers are within their rights to do this as the terms and conditions of gift cards can be revised when a company goes into administration under insolvency law.
How to maximise protection
Related MSE Guides

Section 75 refunds

Free protection for ALL spending
Consumer Rights

"Give me my money back!"
Cheap Online Shopping

Shopbots & more tricks to slash costs


Shoppers planning to buy gift cards this winter should first do basic internet research on the company to check whether or not it's solvent.
Tell tale signs include profit warnings issued by firms and where there are huge numbers of complaints about non-delivery.
MoneySavingExpert.com consumer rights analyst Wendy Alcock says: "While vouchers are a popular choice for Christmas gifts, shoppers should remember they are only as safe as the retailer.
"We've seen big names go bust in the past few years leaving vouchers with big restrictions or virtually worthless. While cash may be a bit boring, it's safer and probably preferred by the recipient."
If you buy a gift card or voucher worth £100 or more each it's also worth paying with a credit card, as there is a chance the purchase may be protected under Section 75 of the Consumer Credit Act if the firm goes bust.
Under this protection, a credit card company is jointly liable if something goes wrong so it may reimburse you the cost.
The Office of Fair Trading says that while gift cards and vouchers are normally covered by Section 75, when a company goes into administration, it is unclear whether the law will apply as each administration is different.
But as it's not a firm 'no', you may as well buy on credit card, though you must pay the card off each month to avoid interest.
Comment/Discuss

Discuss this MSE news story: Gift cards and vouchers









Were there any warning signs with "Peacocks" ???

mattyprice4004

daveboy wrote: »

You will be claiming JSA very soon.

That's all YOU need to know.

... ouch.

wealdroam

lisyloo wrote: »

This is a bit of a fobb off.
If we are talking about section 75 then the credit card company are JOINTLY liable.
Of course they would rather you go after the other party, but in law you can go after EITHER party when there is joint liability.

But we're not talking about Section 75 claims, we're discussing chargebacks.
Section 75 is only applicable when the purchase is over £100.

lisyloo

Post #22 talks about "not fit for purpose" so I think we are discussing section 75 as well.
I agree this is only enforceable over £100 however some credit card companies do voluntarily deal with lower amounts.

My point as that where there is joint liability, one party cannot make you go to the other one.
You can pursue either.
The credit card companies like to give you the impression you need to exhaust the other route first but legally this is not the case.
Of course it may work out better in practice to co-operate with them.

wealdroam

lisyloo wrote: »

...some credit card companies do voluntarily deal with lower amounts.

Yes, lots will deal with lower amounts... under their chargeback schemes.
I don't know any that use Section 75 under £100.

lisyloo wrote: »

My point as that where there is joint liability, one party cannot make you go to the other one.
You can pursue either.

Yes, under Section 75 that would be true.

lisyloo wrote: »

The credit card companies like to give you the impression you need to exhaust the other route first but legally this is not the case.

Again, under Section 75 you are right.

lisyloo

I don't know any that use Section 75 under £100.

CapitalOne have agreed to consider a case of mine which is under £100 out of the goodness of their hearts.
That doesn't mean I'll get anything, but I'm pretty sure that I've read anecdotes that some companies do offer a level of customer service in addition to their obligations.
Chargeback does not apply here as I only spent £1 on the card so they cannot chargeback the amount AND it's also out of time for chargeback (it was holiday related so the problem so occured much later than the booking).
They can voluntarily pay money if they want to.
I'm not saying they will or it's likely, just pointing out that they can do whatever they want in addition to their obligations, which in my view justifies the price of a stamp.