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Wowcher - what are my rights?

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I'm having some trouble getting a refund from wowcher, having emailed, called them numerous times they refuse to help me and want me to sort it out directly with the merchant.



I'd purchased a massage voucher from wowcher and received my voucher code, I then called up the massage establishment - turns out it is just a sole trader. I wanted to know when I can be booked in and he told me to text him to voucher code then he can let me know what days and times he can do.



I texted him my voucher code and asked for availability, he replied saying a slot had just opened up for Saturday at 7:10pm (it's Friday the day before which is a little short notice) so I told him I can't do that time and if there is something later in the week after work. He responded by saying he doesn't have anything, not offering me any other dates or appointments, so I texted him again and asked for all his appointment dates and availability after this Saturday. No response to this text message at all so I decided I would just get my money back as I didn't like the blunt vibe I got from him so wouldn't probably a great massage.



Wowcher then tell me that the voucher has been redeemed and that I have to contact him and sort it out with him. I then respond to their email and tell them I purchased a voucher from you, therefore you confirm with your merchant why he has redeemed it as it's nothing to do with me. They forwarded him my email response and just said 'see below message from customer'. I was a little annoyed that they just forwarded my email rather than confirm themselves.



They then forwarded me his response to them and it said that I had booked an appointment by telephone and not turned up to the appointment and not answered his call when I didn't turn up. None of this is true and I was fairly shocked how he just made it up.


After numerous attempts to get my money back from wowcher, showing them the text messages between me and the guy and that there was only one phone call between us, wowcher told me that they can't refund me without authorisation from the merchant and I need to contact him. I'd sent an email to him (rather writing than phone call given his last made up version of events of a phone call that doesn't exist) and explained to him that I want him to provide wowcher the authorisation for a refund along with some other gentle persuasive text.



Doesn't seem as if either wowcher or this merchant are going to budge. What can I do? I've threatened both with small claims court however I'm confused as to who I would really take to small claims court. I purchased a voucher to redeem from wowcher, they should be refunding me and recouping the money themselves from the third party in this case the merchant?


I paid through debit card, but I've heard that s.75 does not work for third party transactions such as these.



I had a quick google of wowcher and it seems as if lots of people are purchasing vouchers then having problems with these so called merchants and wowcher then want nothing more to do with it after they have got their money, surely there must be some consumer protection here otherwise this is effectively a scam. Sell a voucher to redeem with a merchant, merchant goes missing and wowcher don't care and consumer is the only one that is out of pocket as wowcher get their commission and the merchant get their money for nothing.



Would trading standards do anything?

Comments

  • I am having a similar problem, I purchased a VIP spa day for 2. I tried contacting the merchant to book in but they never answered. I found out that they have closed. I asked wowcher for a refund but they said the merchant as redeemed the voucher and asked me to send them correspondence to proved I never used it. I have no correspondence as they never answered the phone. I am not sure what to do next but if this is the case merchants can redeemed vouchers and we lose our money even though they have never spoke to us. I have asked wowcher for the merchants proof I booked in but as of yet they have not got back to me
  • MB69
    MB69 Posts: 99 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    You need to read their terms and conditions and see what it says about the contract. If it says the contract is between you and the 3rd party or if it is between you and Wowcher.

    Had similar issue with eBay. Bought something from eBay from a seller , turned out to be faulty. Seller refused to refund. eBay refused to refund. According to eBay contract is between you and the seller and not eBay , so any issues has to be raised with the seller! go figure!

    So I guess it might be the same with Wowcher to make sure they are not sued by people!

    How much was it for and have you thought about applying for chargeback which is not the same as S.75.
  • LadyDee
    LadyDee Posts: 4,293 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    MB69 wrote: »
    You need to read their terms and conditions and see what it says about the contract. If it says the contract is between you and the 3rd party or if it is between you and Wowcher.

    Had similar issue with eBay. Bought something from eBay from a seller , turned out to be faulty. Seller refused to refund. eBay refused to refund. According to eBay contract is between you and the seller and not eBay , so any issues has to be raised with the seller! go figure!

    So I guess it might be the same with Wowcher to make sure they are not sued by people!

    How much was it for and have you thought about applying for chargeback which is not the same as S.75.

    Ebay should not have refused to refund you if you make the appropriate claim within a specified time.
  • MB69
    MB69 Posts: 99 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    LadyDee wrote: »
    Ebay should not have refused to refund you if you make the appropriate claim within a specified time.

    They did!

    Item arrived, looked ok but when installed, it was faulty.

    Logged a call with eBay as item not as described. However they refused it since it had been installed and couldn't be sent back in the original and new condition that it was received!
  • I have had this issue with wowcher in the past and won, 3 months after purchase. First of all go through resolver to raise your complaint, it’s easy to use and keeps a recording. I spoke to Trading standards and they said of you haven’t redeemed the voucher it’s a breach of contract. You have not been given the goods/ service you bought a voucher for. It is useless, you can’t use it therefore you have no contract, the terms and conditions do not matter. The onus is on them. No credit, no rubbish, a full refund. If you have redeemed the voucher it’s a little harder because they then say the vender has the responsibility. I would still fight it, and write a letter, ask whatever manager you are speaking to to provide a mailing address and contact for a complaint through trading standards. Transient standards were very helpful 
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