MSE News: HMV administration Q&A: gift card, refund and job rights

Absinthe_Fairy

Mine arrived yesterday too. Thanks to everyone who posted on this thread - helped to reassure me I wasn't alone and made me decide to wait before kicking up a fuss/buying a replacement!

Samba123

Samba123 wrote: »

Been following this thread - I had £200 of evouchers of which I'd spent £29 on various orders just before they went into admin leaving me a balance of £171 - I however haven't received any of those items I spent £29 on although have despatch emails for 3 of the 4...

I also placed an additional order using the £171 credit (and £28 cc) just before the website was closed which was cancelled the day after the website was closed.

So I'm a bit confused now.

Should I be making an unsecured claim for £200 or £171 of e-vouchers to the administrators? Should I wait to see if those 3 items turn up before making a claim now HMV saying they'll be shipping items?

Any thoughts welcome!

Just an update - I spoke to Amex as I was unable to use the online e-vouchers and haven't received goods for any of the £200. They agreed to accept a dispute from me and will investigate and in the interim have credited my Amex. I'll update once I hear back from them as to whether they'll agree to settle the dispute or not.

Harvest_Festival

Harvest_Festival wrote: »

Happy to report that 5 of the 6 CDs I ordered (despatch email dated 14 Jan) finally arrived this morning.

Hope people in the same boat here are receiving theirs too.

For anyone who's still awaiting deliveries, it looks like they're still dealing with the backlog even now - my 6th and final CD just arrived this morning, more than a week after the others.

Goonie

I have a little problem with a HMV purchase and I'm not sure where I would stand, hopefully somebody can help?

Yesterday I read on here that HMV were selling iPad's with 20% off, including the Retina Display model. I went to the Trafford Centre after work and asked for said product which I bought for £319 (should be £399). However when I opened it I noticed it had the old style charger so I spoke to Apple and they confirmed my fears, it's an older model! It's a 3rd generation model from about a year ago, although it does have retina display it is not the new model which I was lookin for and I have now paid the same price for an older iPad which is not even produced anymore and with a slower processor!

The problem is I have opened the item and HMV have gone bust, so where do I stand on returning or replacing it?

Thanks in advance for any help

Jhannam

Can anyone advise me on HMV's current redundancy practice guides?

Many thanks
Jess

antispam246

Anyone downloaded the proof of debt forms from deloitte? Every time I try to get hold of one it opens a blank page.

Which form do I complete for an unsecured claim against e-account credits?

wondermouse

Goonie wrote: »

Yesterday I read on here that HMV were selling iPad's with 20% off, including the Retina Display model. I went to the Trafford Centre after work and asked for said product which I bought for £319 (should be £399).

If you asked for a retina display model that's exactly what you got. In which case you have no grounds for returning it.

If you specifically asked for a 4th generation iPad, or for one with the new-style lightning connector then you should be able to return it under the Sale Of Goods act as not as described. If they refuse then you will have the right to get a refund from your card issuer. (You DID pay by card, didn't you?)

It all depends on what you asked for. If you looked at the display model and said "I want one of those" then are you sure it was the 4G model you looked at/asked for?

Bear in mind that both models are officially called "The New iPad" which is not very helpful.

In practice, there's little difference between the G3 and G4 models that you'll notice in real world usage, and you did get a bargain.

Carl0071

I bought a pair of headphones from HMV in November 2012 for £49.99 and I paid £4.99 for the 1 year accidental damage warranty.
The connector on the headphones became intermittently faulty about 3 days ago and I was well aware that HMV were having problems but I wasn't going to let that put me off

I took them back into store, explained the problem to the manager and immediately he said that he cannot give me an exchange, refund, credit note, magic beans etc because I bought them before the 15th January 2013. He pointed to a black and white photocopy of the terms and conditions on the counter which stipulated that only items bought after 5pm on the 15th January 2013 can be refunded and then only 14 days after purchase.

I wasn't going to stop there. I went into full Money Saving Expert mode

I asked for the phone number of their administrators, Deloitte, which I was told wasn't possible because they only communicate through email - how convenient! So instead I was given the phone number to HMV's head office :money:

I called them while I was in the store and pointed out that on this notice sellotaped to the counter, at the very bottom it clearly states
"This does not affect your statutory rights under the Sale of Goods act 1974 (as amended)"

I explained to the woman on the phone, who I could tell was just reading from a script, that my interpretation of that meant that the Sale of Goods act 1974 overrides any stipulation or conditions which could potentially breech the Sale of Goods act 1974.

I also explained that in the store behind the checkout, there was a plaque which said the store was trading as HMV, owned by HMV UK Ltd of such-and-such and address; no mention of Deloitte anywhere. I said that if this information is false, surely it should be removed or at least have a sheet of paper placed over it to avoid confusing customers.

She agreed that what she had been told to tell me and what I could see was written in black and white on the store counter contradicted each other. She told me to tell the manager in the store to process the exchange but to clearly write on the bottom of the store copy of the refund receipt:

CUSTOMER WISHES TO INVOKE HIS RIGHTS UNDER THE SALE OF GOODS ACT 1974.

Ok, now we're getting somewhere! :j

So I tell this to the manager who has been hearing my side of the conversation, and he goes off to get me another pair of headphones.

Unfortunately, the headphones are out of stock and there will be no more deliveries because they company is in administration.

The only headphones he has in stock are a pair of £4.99 econo-save style or £249.99 Dr. Dre Beats. I explained I wasn't willing to spend another £200 on a pair of headphones which I will be unable to return once HMV collapses, which he agreed with.

He then tells me the only alternative would be a refund.

A few clicks on his touchscreen till, a receipt prints out, the till drawer opens and he presents me with £49.99 in cash

After filling in my name, address and postcode, I've just got a full cash refund from a company that no longer issues refunds to it's customers - all because of the Sale of Goods act 1974 :rotfl:

I bought a replacement pair of Bluetooth headphones for £39.00 in Currys and I still have £10.99 left :beer:

DO NOT LET DELOITTE CONFUSE YOU INTO GIVING UP YOUR RIGHTS AS A CONSUMER! :mad:
When they bought HMV, they also bought their liabilities which include customers with faulty goods!

Treevo

Carl0071 wrote: »

I bought a pair of headphones from HMV in November 2012 for £49.99 and I paid £4.99 for the 1 year accidental damage warranty.
The connector on the headphones became intermittently faulty about 3 days ago and I was well aware that HMV were having problems but I wasn't going to let that put me off

I took them back into store, explained the problem to the manager and immediately he said that he cannot give me an exchange, refund, credit note, magic beans etc because I bought them before the 15th January 2013. He pointed to a black and white photocopy of the terms and conditions on the counter which stipulated that only items bought after 5pm on the 15th January 2013 can be refunded and then only 14 days after purchase.

I wasn't going to stop there. I went into full Money Saving Expert mode

I asked for the phone number of their administrators, Deloitte, which I was told wasn't possible because they only communicate through email - how convenient! So instead I was given the phone number to HMV's head office :money:

I called them while I was in the store and pointed out that on this notice sellotaped to the counter, at the very bottom it clearly states
"This does not affect your statutory rights under the Sale of Goods act 1974 (as amended)"

I explained to the woman on the phone, who I could tell was just reading from a script, that my interpretation of that meant that the Sale of Goods act 1974 overrides any stipulation or conditions which could potentially breech the Sale of Goods act 1974.

I also explained that in the store behind the checkout, there was a plaque which said the store was trading as HMV, owned by HMV UK Ltd of such-and-such and address; no mention of Deloitte anywhere. I said that if this information is false, surely it should be removed or at least have a sheet of paper placed over it to avoid confusing customers.

She agreed that what she had been told to tell me and what I could see was written in black and white on the store counter contradicted each other. She told me to tell the manager in the store to process the exchange but to clearly write on the bottom of the store copy of the refund receipt:

CUSTOMER WISHES TO INVOKE HIS RIGHTS UNDER THE SALE OF GOODS ACT 1974.

Ok, now we're getting somewhere! :j

So I tell this to the manager who has been hearing my side of the conversation, and he goes off to get me another pair of headphones.

Unfortunately, the headphones are out of stock and there will be no more deliveries because they company is in administration.

The only headphones he has in stock are a pair of £4.99 econo-save style or £249.99 Dr. Dre Beats. I explained I wasn't willing to spend another £200 on a pair of headphones which I will be unable to return once HMV collapses, which he agreed with.

He then tells me the only alternative would be a refund.

A few clicks on his touchscreen till, a receipt prints out, the till drawer opens and he presents me with £49.99 in cash

After filling in my name, address and postcode, I've just got a full cash refund from a company that no longer issues refunds to it's customers - all because of the Sale of Goods act 1974 :rotfl:

I bought a replacement pair of Bluetooth headphones for £39.00 in Currys and I still have £10.99 left :beer:

DO NOT LET DELOITTE CONFUSE YOU INTO GIVING UP YOUR RIGHTS AS A CONSUMER! :mad:
When they bought HMV, they also bought their liabilities which include customers with faulty goods!

All very good, except Deloitte haven't bought HMV.

Carl0071

Treevo wrote: »

All very good, except Deloitte haven't bought HMV.

What I was trying to explain was that when I bought the product, I agreed to the terms and conditions of sale with HMV, not with Deloitte who were initially refusing me a refund