Wowcher- what are my rights? Help please

Maya3

Does anyone know my customer rights? I bought a course via wowcher (similar to Groupon). Wowcher should have only allowed 100 students but allowed more than twice that to purchase a discounted course. As a result of over subscription (at the fault of Wowcher), I am unable to book my course before the expiry date. Wowcher refuse to refund and will only give 50% in credit which must be used 30days after expiry date of the purchased voucher I.e. 25th Nov. Is this really fair? I really want to attend the course but can't afford full price and may not want to purchase anything else from Wowcher in the next 6 weeks! Advice please- anyone? Thanks.

unholyangel

Unfair Contract Terms covers this imo.

Binding the consumer while not binding the supplier = a unfair contract term.

Schedule 2, paragraph 1, states that terms may be unfair if
they have the object or effect of:
(o) obliging the consumer to fulfill all his obligations where the
seller or supplier does not perform his.

Do you have anything in writing either from wowcher or the course administrator saying that you are unable to book due to wowchers error?

Maya3

Hi Unholyangel,
Thanks for your reply. No, I don't have anything in writing but will request it from the course administrator. If I can get it, i assume next steps is to quote schedule 2 to Wowcher? If I can't what would you suggest? Thanks.

unholyangel

Try and get it in writing first.

Once you have it, send them a complaint in a durable form (ie email, fax, letter....and keep a copy for your own records). It doesn't have to have fancy wording. Just something along the lines of on x date i purchased x from you. Due to an error by your company in overselling x, you are unable to satisfy your contractual obligations and therefore, I am requesting a refund of all monies paid.

Give them a deadline of 14 days.


Now, you can either just keep it simple to start with, and then if they refuse the refund....you can report them to trading standards and also respond saying that you believe that them retaining your monies when they cannot provide the service as agreed - especially due to circumstances within their control - amounts to a unfair contract term. That if they fail to respond, you will be filing a small claim against them for the return of your money and any other costs you reasonably incur as a result of their breach. Again you would give them a deadline and title that letter "letter before action".


However, if you've already approached them for a refund and they have said no.....I'd go straight for the LBA.

Alternatively, did you pay by credit or debit card? How much was the item?

Maya3

Thanks for your advice. I'll keep it simple as suggested- providing I get in writing that it is Wowcher's error.

A small amount, less than £50 but a fifth of the actual course cost if purchased directly. Due to ill health, I haven't been earning and now getting back on my feet, so the course was ideal to to get me active at an affordable cost.

Incidentally what would be the rights of the organisation providing the course, as the contact number was a mobile with a full inbox, so they were getting back to people as quickly as they could but most customers thought they'd done a runner with their money. Apparently Wowcher refused to send an email to those who purchased the voucher explaining the situation. Feel sorry for the company as their reputation will no doubt be affected.

unholyangel

Maya3 wrote: »

Thanks for your advice. I'll keep it simple as suggested- providing I get in writing that it is Wowcher's error.

A small amount, less than £50 but a fifth of the actual course cost if purchased directly. Due to ill health, I haven't been earning and now getting back on my feet, so the course was ideal to to get me active at an affordable cost.

Incidentally what would be the rights of the organisation providing the course, as the contact number was a mobile with a full inbox, so they were getting back to people as quickly as they could but most customers thought they'd done a runner with their money. Apparently Wowcher refused to send an email to those who purchased the voucher explaining the situation. Feel sorry for the company as their reputation will no doubt be affected.

They would have to consult the T&C's of their contract with wowcher. Consumers have statutory rights that cannot be waived - by agreement or otherwise. In a B2B (business to business) contract, it is possible to exclude certain rights and liabilities. The reason for this is that businesses are more likely to (or should) be familiar with contracts/legalities than consumers.....so consumers need more protection.

sarahg1969

Might also be worth a complaint to the ASA

http://www.asa.org.uk/Consumers/How-to-complain.aspx

Looking at their adjudications, they seem to be overwhelmed with complaints about this type of company at the moment.

Maya3

Thanks Unholyangel for continued advice. Thanks Sarahg for additional advice. I'll post outcome on here.

Maya3

Drpepper- thanks, I have just sent an email.

Maya3

Thanks everyone. Wowcher have agreed to a refund. I still miss out on the course but a little less to save up for. I appreciate all the advice.