Mis-sold an item from M&S but gift card was used

MalMonroe

Hello, you could always try phoning M&S and stressing the extreme inconvenience they have caused you by their cancellation and asking if they could possibly refund you in another way, i.e. the way you choose? Always starting off in a pleasant way, of course but making the point first of all about how very disappointed and let down you felt to have your original order cancelled and also do stress what great inconvenience it has caused. If it wasn't for them you would not be in the situation in which you now find yourself. And they haven't even had the courtesy to offer you any compensation for their error. 

They need to help you because of this - "M&S contacted me after the order is confirmed that their information was all wrong on their website". THEY made a mistake and it would not hurt them to refund you in the way you choose. (In my opinion, of course). 

If you don't get anywhere with the first person you speak to, ask to speak to 'a more senior member of staff' (most people don't like to be asked that). I have found just keeping my cool whilst being very persistent often works wonders. This is not a case of you changing your mind. This is a case of them failing miserably. And they have failed you at a very stressful and busy time for you, don't forget to tell them that too. 

I can't remember the number of times I've been told "well, it's most unusual but we can help you on this occasion". Persistence is the key. And not being fobbed off by junior staff telling you that nothing can be done to help. In your case, plenty can be done to help. Because they got it wrong. They need to offer you a goodwill gesture (by doing as you ask) at the very least.

DanDare999

MalMonroe said:

Hello, you could always try phoning M&S and stressing the extreme inconvenience they have caused you by their cancellation and asking if they could possibly refund you in another way, i.e. the way you choose? Always starting off in a pleasant way, of course but making the point first of all about how very disappointed and let down you felt to have your original order cancelled and also do stress what great inconvenience it has caused. If it wasn't for them you would not be in the situation in which you now find yourself. And they haven't even had the courtesy to offer you any compensation for their error. 

They need to help you because of this - "M&S contacted me after the order is confirmed that their information was all wrong on their website". THEY made a mistake and it would not hurt them to refund you in the way you choose. (In my opinion, of course). 

If you don't get anywhere with the first person you speak to, ask to speak to 'a more senior member of staff' (most people don't like to be asked that). I have found just keeping my cool whilst being very persistent often works wonders. This is not a case of you changing your mind. This is a case of them failing miserably. And they have failed you at a very stressful and busy time for you, don't forget to tell them that too. 

I can't remember the number of times I've been told "well, it's most unusual but we can help you on this occasion". Persistence is the key. And not being fobbed off by junior staff telling you that nothing can be done to help. In your case, plenty can be done to help. Because they got it wrong. They need to offer you a goodwill gesture (by doing as you ask) at the very least.

Why do the need to? Need suggests the OP has some right to it all the need to do is do what they've already done. 

Zinger549

DanDare999 said:

MalMonroe said:

Hello, you could always try phoning M&S and stressing the extreme inconvenience they have caused you by their cancellation and asking if they could possibly refund you in another way, i.e. the way you choose? Always starting off in a pleasant way, of course but making the point first of all about how very disappointed and let down you felt to have your original order cancelled and also do stress what great inconvenience it has caused. If it wasn't for them you would not be in the situation in which you now find yourself. And they haven't even had the courtesy to offer you any compensation for their error. 

They need to help you because of this - "M&S contacted me after the order is confirmed that their information was all wrong on their website". THEY made a mistake and it would not hurt them to refund you in the way you choose. (In my opinion, of course). 

If you don't get anywhere with the first person you speak to, ask to speak to 'a more senior member of staff' (most people don't like to be asked that). I have found just keeping my cool whilst being very persistent often works wonders. This is not a case of you changing your mind. This is a case of them failing miserably. And they have failed you at a very stressful and busy time for you, don't forget to tell them that too. 

I can't remember the number of times I've been told "well, it's most unusual but we can help you on this occasion". Persistence is the key. And not being fobbed off by junior staff telling you that nothing can be done to help. In your case, plenty can be done to help. Because they got it wrong. They need to offer you a goodwill gesture (by doing as you ask) at the very least.

Why do the need to? Need suggests the OP has some right to it all the need to do is do what they've already done. 

The poster you quoted is known for posting their opinion rather than actual consumer rights/law. Just look at their signature. It's really not helpful and several users have pointed it out to them but they don't seem to listen.

sheramber

The problems i
are
the OP did not buy the git cards from M&S and

he did not pay £650 for them.

Deltadia

Thanks for the additional inputs.

I had not even considered such a simple way to breakdown the giftcard by buying smaller amounts of giftcard. Thanks, @Merlin139 - saved me from dealing with their CS.

@powerful_Rogue, no I wouldn't have purchased the furniture elsewhere if I could find one that fit our taste/need at M&S. If M&S is not going to provide gesture of goodwill and provide refund, then I am resigning myself to breaking down the giftcard and then sell it to friends/family.

@Manxman_in_exile I will try to put a case to them but problem I have is getting to the right department. The sofa order was managed by Furniture department and they were clueless or had not authority on gift cards. And I couldn't really figure out where to contact from here on, as the giftcard transaction with M&S was done by the rewards site. I have asked them to open a case with M&S and sent them all the relevant evidence (original order and specification, communication from M&S of admitting error) but if rewards site bought them in bulk then I doubt I would get any progress. I naively thought these rewards sites have some sort of agreement with the retailers and there would be individual transactions for each gift card bought and didnt consider that they would buy gift cards in bulk. But bulk buying would make more business sense for the retailers. 
I am also of the opinion M&S quality have been going south. So spending 650 at M&S would be quite a task..

powerful_Rogue

MalMonroe said:

Hello, you could always try phoning M&S and stressing the extreme inconvenience they have caused you by their cancellation and asking if they could possibly refund you in another way, i.e. the way you choose? Always starting off in a pleasant way, of course but making the point first of all about how very disappointed and let down you felt to have your original order cancelled and also do stress what great inconvenience it has caused. If it wasn't for them you would not be in the situation in which you now find yourself. And they haven't even had the courtesy to offer you any compensation for their error. 

They need to help you because of this - "M&S contacted me after the order is confirmed that their information was all wrong on their website". THEY made a mistake and it would not hurt them to refund you in the way you choose. (In my opinion, of course). 

If you don't get anywhere with the first person you speak to, ask to speak to 'a more senior member of staff' (most people don't like to be asked that). I have found just keeping my cool whilst being very persistent often works wonders. This is not a case of you changing your mind. This is a case of them failing miserably. And they have failed you at a very stressful and busy time for you, don't forget to tell them that too. 

I can't remember the number of times I've been told "well, it's most unusual but we can help you on this occasion". Persistence is the key. And not being fobbed off by junior staff telling you that nothing can be done to help. In your case, plenty can be done to help. Because they got it wrong. They need to offer you a goodwill gesture (by doing as you ask) at the very least.

Oh goody you're back

This is Consumer Rights, not Consumer Opinions. It was established on the first page that the refund has to go back to the original payment method (giftcard) due to Anti Money Laundering legislation.

What kind of nonsense is that bit in bold? They don't have to offer anything except to put the OP back in the same position, which they have.

AmberDepp

powerful_Rogue said:

Deltadia said:

comeandgo said:

M & S have to refund in the same way payment was taken.  

Yeah, I've accepted this as M&S customer service agent was saying it was illegal to refund to other payment method (although I could not find a legal reference).

My question is more on the refunding of the gift card as I specifically bought the gift card to buy the item as it was advertised in M&S website. However M&S advertised wrong information and have consequencently missold  an item. 

I shared the background of the order placed as the gift cards are typically non-refundable and so I am trying to understand if there is a way to get the refund of the giftcard. To add, I have cancelled the order as their corrected specification no longer fit my needs and have received the refund in the new e-giftcard, which is quite annoying as I used a reloadable giftcard yet they created a new e-giftcard instead of refunding the amount in the said giftcard 

It will fall under Anti Money Laundering legislation.

You have no recourse to a refund of the gift cards. You purchased gifts cards and received gift cards. The fact they were specfically for a certain item is of no interest to the company supplying the gift cards.

It won't fall under AML.

M&S are not subject to AML as they're not a financial institution, bookmaker, estate agent, used car dealer or other that falls under AML regulations.

I do wish people would stop peddling this twaddle that EVERYONE is responsible under AML regulations.

They are not.

https://www.legislation.gov.uk/uksi/2017/692/regulation/8/made#:~:text=(2) The persons,casinos.

Application

8.—(1) Parts 1 to 6 and 8 to 11 apply to the persons (“relevant persons”) acting in the course of business carried on by them in the United Kingdom, who—

(a)are listed in paragraph (2); and

(b)do not come within the exclusions set out in regulation 15.

(2) The persons listed in this paragraph are—

(a)credit institutions;

(b)financial institutions;

(c)auditors, insolvency practitioners, external accountants and tax advisers;

(d)independent legal professionals;

(e)trust or company service providers;

(f)estate agents;

(g)high value dealers;

(h)casinos.

I don't see retailers on that list, do you?

Robbo66

Olinda99 said:

I am probably going out on a limb here but maybe you could try a long shot..!

First thing is - did you have a contract. It may be that the T&C say a contract is not formed until delivery, but if the T&C state that  contract is formed when you order and the order is accepted then M&S have misled you and caused you to do something that you would not have done and thus caused you financial loss ie you have a large gift card that you cannot use.


This being so, they need to put you back into the position you would have been had they not made this mistake ie refund the gift card

It would I suppose be the same argument if you bought a Wowcher for the purchase, or paid a fee to take out a loan for the purchase.

Anyway, as I said a long shot but might be worth a complaint along those lines.

What are you on about, M&S have held their hands up to a mistake on their website, they have offered a FULL refund of the sofa purchase price. The refund has to be refunded to the same method used to purchase sofa so please tells us at what point and where is the OP suffering a financial loss, they are getting all the money back albeit via a gift card as that is how they paid which can still be spent in store.

Deltadia

Thanks for sharing that @AmberDepp . I didnt think there was a legal requirement as I had a refund from other retailer to a card. Customer services agent was claiming legal requirement. But I understand that it's their business process and T&C.

After reading all the inputs and some time of reflecting, I should be careful of using large sum of gift card in the future. I still feel hard done by M&S when it was their fault to begin with. Refunding of the gift card should be something they should be able to offer as a good will as they wont be making any loss by it either whilst having a content customer.. 

Anyways thanks for all the inputs, I have learnt fair bit from this!

born_again

There is also the case that by using a gift card rather than a Debit Card or Credit Card you are losing potential Chargeback & S75 rights on a Credit card.