HMV administration and returning goods?

OlliesDad

katejo wrote: »

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.

I saw a car go 80mph earlier he wasn't stopped or given a ticket.. does that mean it was legal?

pmduk

Nobody should rely on an event in Ireland to validate actions in the UK

pmduk

timbstoke wrote: »

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.

What you're refusing to accept is that HMV doesn't exist any more so you're not taking their stock. You're stealing from the administrators.

CoolHotCold

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.

The point you miss is even if they were covered under the SoGA, the business no longer exists so you would be in exactly the same position you are in now.


Leaving a voucher on the counter is exactly the same idea as writing £100 Funnymoney on a blank piece of paper and going "There you are, thats your payment", right now all that "voucher" is (and it isn't a voucher anymore) is a piece of paper/card that shows you should be owed money, and the administrator may either accept that money (if they choose) or they may class you as a creditor and give you a % of what is left from the sale of the old business.


If HMV get taken over, great most likely the new owners will accept gift cards/voucher (as the negative backlash would be a PR managers nightmare), if not, you have a useless piece of paper.

The administrators have another week to 10 days before they either liquidate or arrange a buyer.

railbuff

pmduk wrote: »

What you're refusing to accept is that HMV doesn't exist any more so you're not taking their stock. You're stealing from the administrators.

exactly as vouchers were purchased from HMVgroup Limited which is no longer as the business is run by the administrators as HMVgroup (in administration) Limited a totally different company that you purchased nothing from.

wealdroam

What is this talk about a new company now being in existance?

My understanding is that HMV, the company that was, is still trading.

The only difference is that it is now in the hands of insolvency practitioners rather than the directors.

Maybe, in the fullness of time, a new company, say HMV (2013) Ltd, may well rise from the ashes, but the current trading company is the same company that was trading last year.

CoolHotCold

Its easier to explain that the business no longer exists so you have few legal contracts with them, then to explain that the business is exactly the same business that you brought items from, and even though still trading under the same name and registered business no you have diminished enforceable actions.

prowla

So, the "old" company held somebody's funds, and the "new" company has taken it on as a going concern.

The "new" company is still using the same signage and is still presenting itself as the same to the customers who walk in.

This administration thing is a bit of a sleight of hand.

toddle2u

The administrators have another week to 10 days before they either liquidate or arrange a buyer.

Not true. The Administrator can trade it for up to 12 months at which point it then needs to get an extension from the Courts to continue trading it for lomger. Unlikely they will trade it for this long though. They will trade it for as long as there is stock to sell or a buyer is found.

So, the "old" company held somebody's funds, and the "new" company has taken it on as a going concern.

The "new" company is still using the same signage and is still presenting itself as the same to the customers who walk in.

This administration thing is a bit of a sleight of hand.

Nonesense. At this point in time there is no 'newco'. HMV is being traded by Insolvency Practitioners acting as Administrators of the company and have protection of the courts from any creditor action..

robatwork

HMV won't even swap something that was purchased before Xmas, never mind refund. I was in there yesterday to swap an unwanted poster - they won't do it with anything bought before administration was announced.

However if it was bought after that time, they would swap. Pretty poor.