Shoppers discount and rewards - Claiming it back

Hi Everyone,

I am after a bit of advice on this. Many months ago my wife ordered a Pizza Hut pizza for delivery and ticked "get 10% discount" on one of those dodgy offers. I wasn't around at the time :mad:

However my wife never looks at her bank statements and only realised 10 months !! after that every month this special offer club had been taking £10 per month. They claimed they sent emails every month with opt out options. We never got it, and we never got any offers either :o

So I read them the riot act and they stopped. However as it was quite a few months ago, can I still claim my wife's money back as:

a) It wasn't made clear that you where joining a club. Pizza hut must have kicked em out over too many complaints as the offer is no longer there!

b) We never received either offers
c) We never received sign up confirmation.

The amount involved is about £180. It's more the principle than the actual money, although the money is useful!

Also, i would like peoples thoughts on my letter

Dear Sir,


I am writing to you to demand the return of £180 that you have taken over the last 18 months from my debit card by your slight of hand. I never signed up for you scam site, rather we got signed in by an auto opt in from Pizza hut.



We where not aware, nor have used, nor have any emails from you regards this site we never even knew we signed up for. It only came to light after we saw the monthly withdrawl from my account. We know it was pizza hut as the signup occurred the same day as we ordered pizza.


We never received a single email from you regarding signing up, informing us of our right to cancel, or even offers.


Thankfully it seems that Pizza Hut no longer engage in such shoddy practice, assuming cookies are not used to identify people that have already been conned into your signup.


I demand you return this £180 within 10 working days. If you do not do this, I will seek redress through the small claims court. A cheque or direct deposit is sufficient.


If the above request is not met within the next 10 working days, I shall file in the small claims for not only the original sum but also distress and loss of earnings. This is something I am very familiar with, and will not hesitate to do so.


Yours sincerely


13000's Mrs
«1

Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    slight of hand = sleight of hand
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    edited 8 April 2012 at 12:53PM
    Well it's not clear whether she was mis-sold or not... surely you should be trying to establish this first?

    When she accepted the offer for 10% discount, did she read what she was signing up to/clicking? What was the wording? How clear was it? Etc etc...

    As for your wife not checking her bank statements for 18 months, really? Trying to convince a judge that you was mis-sold a service after you have been making payments for 18 months may require some form of evidence.
  • System
    System Posts: 178,288 Community Admin
    10,000 Posts Photogenic Name Dropper
    To be honest, it was one of those pre ticked boxes. Thing is though, we never got any offers (I suspect no one did, we even checked spam folders etc)

    There was also supposed to be a monthly opt out email sent. That never arrived either tbh. The more I think about it, I suspect no one did, if you get my drift.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Forwandert
    Forwandert Posts: 1,211 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You appear to have a very vivid recollection of the signing up for the offers was there no T+C's? usually there is normally on a separate page. Spam folders usually self delete every now and then so if the initial emails were sent into there I doubt they would be there 18 months later anyway.
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    "Demanding" a refund for something which your Mrs agreed to is a bit rich really. I'd rewrite your letter in a different style, politely requesting that they "consider" a refund in view of your Mrs's error. They'll have heard all the small claims court stuff a thousand times, they won't be scared by your letter !

    Then have a discussion with your Mrs about how she doesn't check her bank statements. What other things could she have been charged with that she's missed ?
  • balmk
    balmk Posts: 624 Forumite
    Hello,

    Firstly, keep your letter short and to the point. Referring to them as a "scam site" will not help your case.

    Secondly, your letter conflicts with what you have posted. Your letter states that no box was ticked, but your post states that your wife did tick a box.

    You cannot hold this company responsible for:

    1) Your wife opting in to a discount/voucher scheme without reading the associated T's & C's;
    2) Your wife not checking her bank statements

    You would be better off simply advising them that you did not recall signing up to the service, you have received no communication from them, and as such have not been in a position to take advantage of their service. You would therefore request that your subscription be cancelled and all monies taken refunded.
  • baza52
    baza52 Posts: 3,029 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    She must have entered her bank details to enable them to take money every week, Its not like pizza hut would have shared that info with them.
    Ive seen the sort of thing offered when i bought pizza online but the box was never ticked by default and it was quite clear you were paying for a service.
    Your wife would have agreed to all the terms and conditions of the offer.
    I am also very suprised how well you remember the event given it was 18 months ago and you wasnt even there when wifey signed up?
  • System
    System Posts: 178,288 Community Admin
    10,000 Posts Photogenic Name Dropper
    I can understand that it maybe comes across as a little strong. Being subtle isn't my best skill.

    My real beef is the fact that we where not even away of recieving any offers or opt out emails.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • System
    System Posts: 178,288 Community Admin
    10,000 Posts Photogenic Name Dropper
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • DCFC79
    DCFC79 Posts: 40,622 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you seen the thread thats already on this subject,
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