Getting refund on HMV vouchers bought through Amex 20% Promo

highnal

lisyloo wrote: »

People should think twice about vouchers - full stop.

I totally agree.
It's just the 20% offer was too good to pass up at the time!

Anyways, thanks for the thread enigma.
As I stated in the other thread, I'm expecting a callback from Amex next Wednesday to discuss their latest position. Fingers crossed I guess...

lisyloo

Or Peacocks bank refunded in good will.

That seems extremely unlikely to me.
I'm not a customer of that bank so why would they do that?
However I do understand that chargebacks are hard to defend in as much as the onus is on them to prove your aren't entitled to the chargeback rather than the other way round. So I could accept that they simply could't be bothered for anything small.

so what exactly have you paid for that you haven't received?

Like you I'm not a legal expert on these things, but clearly no one pays good money for a useless piece of paper.
You buy a promise effectively and I didn't get that.

I accept I'm not an expert and couldn't state authoratatively (execpt on what actually happened in my case) but no offence I don't think you can be authoratative about the law either.

It seems to me that comapnies intepret things how they like and unless someone takes a test case to court it won't get challenged.

My suspicion is that in my case it wasn't worth the bank appealing for £20. I have heard that the onus is on them.

callum9999

lisyloo wrote: »

That seems extremely unlikely to me.
I'm not a customer of that bank so why would they do that?
However I do understand that chargebacks are hard to defend in as much as the onus is on them to prove your aren't entitled to the chargeback rather than the other way round. So I could accept that they simply could't be bothered for anything small.



Like you I'm not a legal expert on these things, but clearly no one pays good money for a useless piece of paper.
You buy a promise effectively and I didn't get that.

I accept I'm not an expert and couldn't state authoratatively (execpt on what actually happened in my case) but no offence I don't think you can be authoratative about the law either.

It seems to me that comapnies intepret things how they like and unless someone takes a test case to court it won't get challenged.

My suspicion is that in my case it wasn't worth the bank appealing for £20. I have heard that the onus is on them.

The promise is "here is a £20 voucher to spend in HMV". They gave you a £20 voucher to spend in HMV so whoever you bought it from has fulfilled their end of the deal. The only party that isn't fulfilling their end of the deal is HMV, and as they no longer exist, you have no recourse against them.

People don't deliberately spend £20 on useless bits of paper of course, but if there is anything this forum has taught me is that there is an enormous amount of ignorance when it comes to financial products! This cycle of administration resulting in vouchers becoming worthless has been going on long enough without challenge that it's rather unlikely any law specifically covers this.

lisyloo

and as they no longer exist, you have no recourse against them.

There are two ways to have recourse against companies that have gone bust.
I'm sure you know this but jsut for clarity.
One is chargebacks where if the company is bust their BANK pays.
The other way is section 75 for claims over £100 where the credit card company are jointly liable even when companies no longer exist.

that it's rather unlikely any law specifically covers this.

Sometimes widespread practice has been proven to be wrong.
e.g. PPI selling, endownment miselling etc.
Sometimes it takes many many years for cases to be won.

Just because it hasn't yet been taken to a test case doesn't mean you are right by default.

At the present time I wouldn't rule it out as some companies (like in my case) will process chargebacks and they might not be defended. You advice appears to imply that people should give up as there is no hope and I don't agree with that because I DID get a refund and it's worth filling in a form for IMO.

Obviously it's up too individuals as to what they decide to do, but I would fill out a form for the sake of 5 minutes.

Shall we agree to disagree.
I think we covered off the arguments, no point going on about it.

stephane_2

During those uncertain times especially in the high street....I would never buy or recommend to buy vouchers from a specific shops but instead buy vouchers which give you the flexibility to spend those vouchers in a variety of outlets...at least you are certain that if a particular outlet goes under you are re-assured that you can spend that money somewhere else. That way it will avoid dissatisfaction & distress in the face of losing money.....comet...peacocks...HMV....and probably many more to come, people should have learn their lesson by now!

Jules2012

I worked for E&Y when Zavvi went under, the sack loads of vouchers that came in was astounding....and sad.

jpwjpw

I can't see Amex not refunding. I'm sure they'll sort this out. I received my last lot of e-codes 6 hours before the administrators were called!

To be fair, I got a PS3 for £90 and saved on quite a few things with the offer, so if I do lose out, it's not too bad.

dalesrider

lisyloo wrote: »

When peacocks went into administration. Capitalone one did a chargeback for me.
This was not a goodwill gesture from CapOne as it's Peacocks bank that paid.
Either their understanding of the law is different or they simply hoped the bank would not appeal (which they didn't).

This does may not apply to Amex.

But with Visa some adminstrators will advise visa that chargebacks can be actioned on vouchers.
Comet admins did.
At the moment HMV admin are keeping stum on this.

As such with all these companies going into administration. It takes a while for things to settle down and everyone get a handle on what is going to happen and how to deal with any fall out.

sharpy2010

tpi_176 wrote: »

I think it's horrific what HMV did. Selling useless vouchers just before administration, even if they were saved a lot of people are going to think twice about HMV and its voucher service

People should think twice about ANY voucher service.

Just give cash, cash can be used anywhere and doesn't go bust!!!!

sharpy2010

tpi_176 wrote: »

I think it's horrific what HMV did. Selling useless vouchers just before administration, even if they were saved a lot of people are going to think twice about HMV and its voucher service

Horrific is when someone gets murdered or stabbed, mildly inconvent is when HMV goes bust...