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Peacocks Gift Card

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  • DJDavey
    DJDavey Posts: 61 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    daveboy wrote: »
    You will be claiming JSA very soon.

    That's all YOU need to know.

    We shall see;)
  • We are happy to investigate disputed transactions where mediation between the merchant and cardholder has proved unsatisfactory.
    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.

    It's not a fob off in any way.
    In fact, this is one of the specific requirements that must be met before a S75 claim can be submitted.



    CCA S75
    (1)If the debtor under a linked credit agreement has a claim against the supplier in respect of a breach of contract the debtor may pursue that claim against the creditor where any of the conditions in subsection (2) are met.

    (2)The conditions in subsection (1) are—

    (a)that the supplier cannot be traced,

    (b)that the debtor has contacted the supplier but the supplier has not responded,

    (c)that the supplier is insolvent, or

    (d)that the debtor has taken reasonable steps to pursue his claim against the supplier but has not obtained satisfaction
    for his claim.
  • I am not legally trained and I only give up the following for consideration.

    It is a fact that, as at 21:12 on 22 January the Peacocks website is STILL advertising the Gift Vouchers and states that they are for sale in their stores. Admittedly if one has the wit to go to the Administrators' page then it clarifies that the Administrators ceased the sale of Gift Vouchers last week. This certainly shows a lack of care in informing customers.

    Now we come to the vexed question of Gift Vouchers which were purchased and which are considered as unsecured debts. IMHO these can be split into two tranches. Any vouchers which were sold whilst Peacocks was a well founded company (i.e. before it became apparent that they might need to go into administration) will have a value which will probably only be recoverable as unsecured debts on Peacocks. However (very much IMHO) any vouchers which were sold after it became apparent that administration was likely will be a different kettle of fish. In this instance the Directors of Peacocks may be personally liable to redeem any vouchers sold under those circumstances. Their ability to meet this liability would depend on their own personal assets.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    MalCoop wrote: »
    It is a fact that, as at 21:12 on 22 January the Peacocks website is STILL advertising the Gift Vouchers and states that they are for sale in their stores. Admittedly if one has the wit to go to the Administrators' page then it clarifies that the Administrators ceased the sale of Gift Vouchers last week. This certainly shows a lack of care in informing customers.

    Maybe their web designers haven't been paid :rotfl:


    Try going through checkout, I wonder if it would let you purchase one and how they would handle the order once received.
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thanks GM, I've clearly been misled in the past.
  • arcon5 wrote: »
    I'd say they haven't. A form of payment was offered, but rejected. In the same way if you was refused service in a shop, you wouldn't be able to just leave cash on the counter and leave -- the cash on the counter is still yours and the goods still belong to the shop.

    Indeed and another thing to add to this is that if they were not accepting them then they wouldnt have scanned it at the till to know if any money whatsoever was on there.
    "If you no longer go for a gap, you are no longer a racing driver" - Ayrton Senna
  • DJDavey
    DJDavey Posts: 61 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    MalCoop wrote: »
    I am not legally trained and I only give up the following for consideration.

    It is a fact that, as at 21:12 on 22 January the Peacocks website is STILL advertising the Gift Vouchers and states that they are for sale in their stores. Admittedly if one has the wit to go to the Administrators' page then it clarifies that the Administrators ceased the sale of Gift Vouchers last week. This certainly shows a lack of care in informing customers.

    Now we come to the vexed question of Gift Vouchers which were purchased and which are considered as unsecured debts. IMHO these can be split into two tranches. Any vouchers which were sold whilst Peacocks was a well founded company (i.e. before it became apparent that they might need to go into administration) will have a value which will probably only be recoverable as unsecured debts on Peacocks. However (very much IMHO) any vouchers which were sold after it became apparent that administration was likely will be a different kettle of fish. In this instance the Directors of Peacocks may be personally liable to redeem any vouchers sold under those circumstances. Their ability to meet this liability would depend on their own personal assets.

    Just to add it might be on the website, but if you went in to store and asked for a Gift Card, you would not get a Gift Card sold to you;)
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Had a call from Capitalone.
    They are going to chargeback my £20 Peacocks voucher.
    They told me that ultimately the bank (Peacocks bank) are liable and she also said she thought the bank would be preferential creditors for chargebacks.

    I realise these can be appealed (or whatever the term is), but it sounds like good news.
    Quite pleased so far with Capital One who are dealing with 2 disputes for me.
  • shilcor
    shilcor Posts: 165 Forumite
    lisyloo wrote: »
    Had a call from Capitalone.
    They are going to chargeback my £20 Peacocks voucher.
    They told me that ultimately the bank (Peacocks bank) are liable and she also said she thought the bank would be preferential creditors for chargebacks.

    I realise these can be appealed (or whatever the term is), but it sounds like good news.
    Quite pleased so far with Capital One who are dealing with 2 disputes for me.
    I have also tried for a chargeback via Barclaycard using a template letter I found in another MSE thread. Sent off letter on Feb 14th but not heard anything back yet so may not be as lucky as you :(
    Retired so trying to save even more!
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    That's not long enough.
    I sent mine off in Jan.
    You need to give them more time.
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