Small Claims Court - Groupon or the merchent

fine27

Hi All
I need a bit of advise, I will try to keep this as short as I can. 
I purchased an air con recharge voucher from Groupon. I visited garage next day to get this service. Garages always scan the voucher before they go ahead with the service to ensure it was paid for.

In the small print on the ad, it clearly stated that a pressure test will be carried out prior to the air conditioning service and if a leak is detected a full refund will be issued.

A leak was found however the garage refused to refund. Garage also stated that he never wrote this on the ad and he doesn't know where it came from.

I have evidence of this conversation which took place where the garage has refused to refund in writing. I also have evidence of the ad

Groupon is refusing to help as they are stating that the voucher has now been redeemed however my argument is that voucher is always scanned prior to the service. it is the norm.

I'm now hoping to take this to small claims court. Can you advise please if I should take the merchant directly to court or would it be groupon who are refusing to help.

Thanks 

pramsay13

Your contract is with Groupon as you paid money to them. 

Alderbank

Groupon always have lots of offers. Are you referring to the ATS deal?

If so, the T&Cs include:

A pressure test will be carried out prior to the Air-Conditioning Recharge and Anti-Bacterial treatment being carried out. If a leak in the air conditioning system is detected during the pressure check, the recharge and treatment will not proceed. In this instance, Groupon will refund the full value of the voucher (subject to their Terms and Conditions). 

That's nice and clear.

You said A leak was found however the garage refused to refund. 

That's correct, the T&Cs say that Groupon, not the garage, will refund.

Has the garage you used confirmed to Groupon that they detected a leak?
Do Groupon understand why you are claiming a refund?

Ayr_Rage

pramsay13 said:

Your contract is with Groupon as you paid money to them. 

Surely Groupon have fulfilled their contract by supplying the voucher.

fine27

Alderbank said:

Groupon always have lots of offers. Are you referring to the ATS deal?

If so, the T&Cs include:

A pressure test will be carried out prior to the Air-Conditioning Recharge and Anti-Bacterial treatment being carried out. If a leak in the air conditioning system is detected during the pressure check, the recharge and treatment will not proceed. In this instance, Groupon will refund the full value of the voucher (subject to their Terms and Conditions). 

That's nice and clear.

You said A leak was found however the garage refused to refund. 

That's correct, the T&Cs say that Groupon, not the garage, will refund.

Has the garage you used confirmed to Groupon that they detected a leak?
Do Groupon understand why you are claiming a refund?

Hi, 
it was a different merchant. its called authentic autos. I've included T&C below

 A pressure test will be carried out prior to treatment; if a leak is detected, the recharge and treatment will not be carried out, and a full refund will be provided. Not suitable for electric or hybrid vehicles This service can take over one hour to complete. Valid Mon-Sat 9 am to 6 pm. Expires 4 months after purchase. Limit 1 per person(s), may buy 4 additional as gift(s).

Groupon understands it however they keep asking me to go to the merchent. I've told them numerous times that they have now stopped responding to my emails. Groupon is arguing that voucher is now redeemed. I've already provided them with the evidence however they are not helping 

Alderbank

OK, is it the outfit on Watford Road Wembley?
They describe themselves as a family-run business 'linked to the car dealership Authentic Autos'. What is the business actually called?

Their Groupon offer appears to have been suspended by Groupon. Perhaps there have been complaints.

They seem to have copied some of the text (but not the bit about Groupon making the refund!) from the ATS offer.

km1500

the voucher has been scanned and thus used and Groupon will pay the garage. They should of course have done the pressure test before scanning the coupon

thus the garage have your money less whatever groupon keeps for their admin and so it is them you should sue

however you now see the pitfalls of using something like Groupon - no doubt you can get some bargains when it works but when it doesn't work you are between a rock and a hard place

born_again

Unless T/C such as @Alderbank advised. Then any claim is against the retailer.

Groupon have not breeched anything, as their contract is to supply a voucher. No more, no less.

Also if they refund it tends to be a groupon credit.

tightauldgit

Seems like you paid the garage to perform a service (albeit with a voucher) and they didn't so you would pursue the garage. What are their normal terms of an aircon recharge separate from the voucher? If you turn up with cash money and say 'recharge my aircon' do they take the money in advance, check if they can do it, say they can't and then keep the cash? 

The only complication I can see is that if you paid by voucher then you might only be entitled to a voucher back in refund. 

fine27

Hi All
An update on this
So after 4 months Groupon has finally issued me a refund on the original method of payment

I left a bad review on Google for the garage and of course Garage didn't like this as my feedback was very detailed and they asked me to remove it. To this I said that it is an experience and I have right to express my views. Garage since replied to my email saying they are happy for Groupon to refund in full and I agreed to remove my feedback.

Groupon was very difficult to get a refund out of. I sent two court letters and they have now refunded in full.

Turns out, Garage gets commission from Group on and not the value on the voucher so refund can only be processed by Groupon. I wouldn't have made sense to go after the garage for the refund. They cooperated at the end

Thanks all for your help

Okell

Well done on getting the money out of Groupon.