HMV administration and returning goods?

pmduk

railbuff wrote: »

Most if not all out of town shopping centres sell vouchers to be spend in shops within their centres, which i would say are the safest type of vouchers if you are going to buy vouchers.

Personally, I'd avoid this as well. There's no requirement for stores to accept these. You could still be left with a card that can't be used in the stores you require.

mattyprice4004

timbstoke wrote: »

Because gift voucher users are consumers, not businesses. Everyone else a flailing firm deals with does so on a B2B basis, and makes a conscious, and contracted, choice to extend credit terms to them. Consumers do not enter into such a contract, and do not choose to extend credit to HMV. Therefore, they should not be classed in the same boat as creditors who choose to take that risk. Gift vouchers should be covered under SOGA in my book - if they were purchased from anywhere other HMV, return them as they are not fit for purpose.

If they were purchased from HMV, you're stuffed as far as the law is concerned. However, I have to admit I would simply enter the store and remove goods to the value of the voucher, grabbing the attention of a staff member and leaving the voucher on the counter on my way out.

Then you're an idiot and deserve to be treated by the Police for theft as such.

It's no different from you plonking a Tesco voucher on the counter and walking out.

How hard is it to understand, really?

timbstoke

mattyprice4004 wrote: »

Then you're an idiot and deserve to be treated by the Police for theft as such.

It's no different from you plonking a Tesco voucher on the counter and walking out.

How hard is it to understand, really?

Of course it's different. I'm presenting a voucher, issued by HMV, which clearly says it can be redeemed at any HMV store, in a HMV store, and I'm taking goods to that value. Their administration isn't my concern.

We already accept that customers are legitimate creditors. Therefore, the gift voucher self-evidently has value, or this wouldn't be the case.

HMV may well be within their rights to refuse to accept the voucher as far as the law is concerned, but that doesn't make my removal of goods theft. I'm not seizing goods, or taking them without payment. I am tendering payment in return for goods. If they choose to refuse that payment, then my removal of goods is most definitely unlawful, bit it doesn't meet the required criteria to classify as theft.

If we all did this, it wouldn't work. But since that's not going to happen, I see no reason why I should lose out so that HMV's directors and administrators can line their pockets.

To be absolutely certain, I'd probably leave them with my name and address so that they can pursue me if they so wished.

railbuff

timbstoke wrote: »

Of course it's different. I'm presenting a voucher, issued by HMV, which clearly says it can be redeemed at any HMV store, in a HMV store, and I'm taking goods to that value. Their administration isn't my concern.

But the vouchers were purchased from HMVgroup Limited but while in administration the stores are run by the administators under HMVgroup (in administration) Limited a different entity/company who are not accepting any vouchers purchased from HMVgroup Limited. what you are saying is like taking a tesco voucher to asda and expecting them to take it.

wealdroam

timbstoke wrote: »

Consumers do not enter into such a contract, and do not choose to extend credit to HMV.

Surely the purchase of a gift card is exactly that... choosing to extend credit to HMV.

Consumer or business, what's the difference?
Both are taking a risk when lending money.
Perhaps the only difference is that generally the consumer tends to ignore the risk.

OlliesDad

timbstoke wrote: »

If they choose to refuse that payment, then my removal of goods is most definitely unlawful, bit it doesn't meet the required criteria to classify as theft.

Two things:

a) You claim it is unlawful, but is not theft. Which law do you think you would be breaking instead?

b) Which criteria do you feel it doesn't meet for theft?

railbuff

it is 100% theft as you have not paid HMVgroup (in administration) Limited any money

OlliesDad

railbuff wrote: »

it is 100% theft as you have not paid HMVgroup (in administration) Limited any money

Even if he did pay them, he cannot go in and help himself to goods.

I am currently owed a hefty sum from a builder. It would be the equivalent of me going and taking his van because he owes me money

railbuff

OlliesDad wrote: »

Even if he did pay them, he cannot go in and help himself to goods.

I am currently owed a hefty sum from a builder. It would be the equivalent of me going and taking his van because he owes me money

thats true, but some on here dont understand that HMVgroup Limited is no longer an active company at the moment, so any vouchers purchased from them cannot be used at HMV stores as these are now run by HMVgroup ( in adminstration) limited who never sold the vouchers

katejo

railbuff wrote: »

thats true, but some on here dont understand that HMVgroup Limited is no longer an active company at the moment, so any vouchers purchased from them cannot be used at HMV stores as these are now run by HMVgroup ( in adminstration) limited who never sold the vouchers

Have you seen the news story from Ireland where a bloke who gave his grandson HMV tokens for Christmas was furious that the child could not spend them. He walked into an HMV, picked up computer games, presented the tokens and walked out. He was not arrested.