Comet gift vouchers/cards

olias

From a comment left by a memeber of the public on an article about the same....Just a thought for those who have comet gift vouchers that are now being rejected.

Go to comet, select the item you wish to purchase with your voucher - go to the sales desk and present the voucher. When the assistant refuses the voucher, just leave it with them and walk out of the store with your item.

I doubt staff could do anything to physically stop you, and if the police are called, i also doubt they would becaome involved as the matter is a civil one. You and Comet have entered into a contract by purchasing the gift card - you have them 'bought' goods with that gift card, so it cannot be counted as theft........:T

Anyone have any comments on this idea...:D

Olias

System

Terrible idea. Will almost certainly end badly.

Gordon_Hose

olias wrote: »

From a comment left by a memeber of the public on an article about the same....Just a thought for those who have comet gift vouchers that are now being rejected.

Go to comet, select the item you wish to purchase with your voucher - go to the sales desk and present the voucher. When the assistant refuses the voucher, just leave it with them and walk out of the store with your item.

I doubt staff could do anything to physically stop you, and if the police are called, i also doubt they would becaome involved as the matter is a civil one. You and Comet have entered into a contract by purchasing the gift card - you have them 'bought' goods with that gift card, so it cannot be counted as theft........:T

Anyone have any comments on this idea...:D

Olias

It's theft.

Although you can't use them right now, there's nothing to suggest you can't once the administrators have decided what to do about it.

http://storage.comet.co.uk/www/splash/html/questions.htm#1

ThumbRemote

Gordon_Hose wrote: »

It's theft.

Although you can't use them right now, there's nothing to suggest you can't once the administrators have decided what to do about it.

http://storage.comet.co.uk/www/splash/html/questions.htm#1

Do you really believe the administrators are going to sell Comet as a going concern? That's the only scenario in which I can see them agreeing to take the gift cards.

Legally it's theft. Then again the morality of administration is so screwed up (the administrators cream off the money, the company owners get first pick of whats left, everyone else gets next to nothing) that I'd say it was probably deserved.

Jeff_Bridges_hair

Morally deserved or not, you cannot walk out of a shop with goods unless you have paid for them. Just because its a voucher that is not valid, the sale has not been completed, just the same as if you had left cash on the counter also.

Gordon_Hose

ThumbRemote wrote: »

Do you really believe the administrators are going to sell Comet as a going concern? That's the only scenario in which I can see them agreeing to take the gift cards.

Legally it's theft. Then again the morality of administration is so screwed up (the administrators cream off the money, the company owners get first pick of whats left, everyone else gets next to nothing) that I'd say it was probably deserved.

It doesn't matter what they do, nor do I care.

In the eyes of the law walking out with a 50 inch plasma after throwing a worthless gift card at a staff member is theft. Which is the point I was making. Pointing out what the administrators put on the comet website was more of an "FYI".

Azari

A very interesting question.

Would it be theft?

Theft not being a 'strict liability' crime any prosecution would have to show mens rea.

As a defendant, you could claim that you did not believe that you were stealing the item because as far as you were concerned, you had given Comet the money. (Which you had.)

It really is about time that a government closed this loophole whereby a company who clearly know they are on the point of bankruptcy can continue to take money from the public for some consideration that they can be reasonably expected to know they will not be able to honour.

Jeff_Bridges_hair

Azari wrote: »

A very interesting question.

Would it be theft?

Theft not being a 'strict liability' crime any prosecution would have to show mens rea.

As a defendant, you could claim that you did not believe that you were stealing the item because as far as you were concerned, you had given Comet the money. (Which you had.)
.

But had they though? Did they get a receipt of the transaction.

Are you saying that a transaction is now complete if you just leave your method of payment on the counter?

shaun_from_Africa

Anyone have any comments on this idea...:D

Only that what you have stated is totally incorrect.

olias wrote: »

Go to comet, select the item you wish to purchase with your voucher - go to the sales desk and present the voucher. When the assistant refuses the voucher, just leave it with them and walk out of the store with your item.

I doubt staff could do anything to physically stop you, and if the police are called, i also doubt they would becaome involved as the matter is a civil one.
Since whan has theft been a civil and not a criminal matter?
You and Comet have entered into a contract by purchasing the gift card -
And as Comet are no longer trading, the gift card is currently worthless.
you have them 'bought' goods with that gift card, so it cannot be counted as theft........:T
You only buy goods once you have offered a form of payment and that payment has been accepted by the person selling the goods.
If the administrators don't accept the gift card then no contract of sale has been formed, so leaving with unpaid goods is theft.



Olias

System

Jeff_Bridges_hair wrote: »

But had they though? Did they get a receipt of the transaction.

Are you saying that a transaction is now complete if you just leave your method of payment on the counter?

Buy a TV, walk out, and just leave some shiny rocks on the counter as payment.

This would not be theft and would instead be a civil matter......

JimmyTheWig

Azari wrote: »

As a defendant, you could claim that you did not believe that you were stealing the item because as far as you were concerned, you had given Comet the money. (Which you had.)

I don't think you'd get away with this.
It's not normal behaviour to leave the money on the counter without the assistant at least acknowledging that everything is ok. Much less normal to do the same with a gift card. Lots of people now know that Comet has gone under and there would probably be notices up about it.
So, no, I don't think it would be reasonable to claim that you thought you had concluded the transaction is a normal manner.

It's a difficult situation, though, isn't it. Because while it seems really unfair on people who have gift cards, I can't see any way where legally a creditor with a gift card could come before any other creditor. So I think the current rules would have to stay.