Expired gift voucher - any chance of an extension?

motorman99

My bad…I always thought registrars decided scc cases. 

I’ve no idea if these voucher gift card things expiring has actually ever been fully tested….and it’s of no consequence to me now anyway. 

In my case it was well worth the £35 fee and worth pressing for the £35 fee in settlement in addition to the voucher value. It worked for me. It might not work for others. 

IMHO it’s absolutely wrong that a company can take money and give absolutely nothing in return because their rules say they can. It’s not how business should work. 

And I realise they like to have tidy accounts and use this as an excuse to expire gift cards, but they shouldn’t issue them in the first place if they’re that difficult to account for. 

Pollycat

lincroft1710 said:

motorman99 said:

Well…..my wife had sone range vouchers for her birthday 3 years or so ago. Then along came Covid, etc and she went in the shop with them and they were expired. 

I called range customer services to be told tough luck
So I took  them to small claims court for the £100 plus £35 costs. Said it was unconscionable that they could take money in this way and as the customer I get nothing in return, simply wrong that they can take money in this way, and that the small print which stated they would expire was so small it was impossible to read. 

They caved in with 2 days to go, got a call, they offered new vouchers for £100, stated at first they wouldn’t pay the £35, so I said I wouldn’t settle and would take my chance in scc. After this they then sent vouchers for £135. 

They don’t want the hassle for a few quid even if they might win. 

Try it. 

1. Do check the expiry dates of the new vouchers

2. Make sure the vouchers are used before the expiry date

3. The vouchers probably won't buy as much  as when the originals were first issued

4. Because of retail mark up, the company will probably still make a profit out of the transaction

Or better still... don't buy vouchers.

Okell

Pollycat said:

lincroft1710 said:

motorman99 said:

Well…..my wife had sone range vouchers for her birthday 3 years or so ago. Then along came Covid, etc and she went in the shop with them and they were expired. 

I called range customer services to be told tough luck
So I took  them to small claims court for the £100 plus £35 costs. Said it was unconscionable that they could take money in this way and as the customer I get nothing in return, simply wrong that they can take money in this way, and that the small print which stated they would expire was so small it was impossible to read. 

They caved in with 2 days to go, got a call, they offered new vouchers for £100, stated at first they wouldn’t pay the £35, so I said I wouldn’t settle and would take my chance in scc. After this they then sent vouchers for £135. 

They don’t want the hassle for a few quid even if they might win. 

Try it. 

1. Do check the expiry dates of the new vouchers

2. Make sure the vouchers are used before the expiry date

3. The vouchers probably won't buy as much  as when the originals were first issued

4. Because of retail mark up, the company will probably still make a profit out of the transaction

Or better still... don't buy vouchers.

This  ^^^^^^^^^^^^^^

Okell

user1977 said:

Okell said:

motorman99 said:

But registrars aren’t judges, and often see things differently…..

(I do wonder if gift vouchers etc that have an expiry date might be "unfair" under the Consumer Rights Act 2015.  I'd be interested what argument sellers would put forward to show the term was fair)

They've got to expire at some point anyway under the normal laws of prescription for debts (5 or 6 years depending on the jurisdiction) - which is actually what some retailers explicitly do e.g. Tesco's gift cards expire 5 years after their last use.

They don't "have to expire" at all.  

I had some WH Smith vouchers that had no expiry date and were well over 6 years old*.

I redeemed them instore and even checked before doing so that they were still valid.  The shop assistant said that so long as they had no expiry date then they should be accepted and they were.

I think I've done the same with Boots vouchers too.

In any case I don't see an expiry date can be "fair" under the CRA.  I can't see how it can be said to comply with the requirement not to create a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer.  

I can't think of a more significant imbalance or detriment than paying out good money and getting absolutley nothing in return for it.


*Why people give gift vouchers in the first place completely escapes me.  If you don't want to buy someone a present , give them cash.

user1977

Okell said:

user1977 said:

Okell said:

motorman99 said:

But registrars aren’t judges, and often see things differently…..

(I do wonder if gift vouchers etc that have an expiry date might be "unfair" under the Consumer Rights Act 2015.  I'd be interested what argument sellers would put forward to show the term was fair)

They've got to expire at some point anyway under the normal laws of prescription for debts (5 or 6 years depending on the jurisdiction) - which is actually what some retailers explicitly do e.g. Tesco's gift cards expire 5 years after their last use.

They don't "have to expire" at all.  

I had some WH Smith vouchers that had no expiry date and were well over 6 years old*.

I redeemed them instore and even checked before doing so that they were still valid.  The shop assistant said that so long as they had no expiry date then they should be accepted and they were.

I think I've done the same with Boots vouchers too.

Yes, I'm not arguing that retailers are prohibited by anybody else from honouring old vouchers if they choose to do so, but they don't have a legal obligation to honour them until Doomsday.

HillStreetBlues

user1977 said:

Okell said:

user1977 said:

Okell said:

motorman99 said:

But registrars aren’t judges, and often see things differently…..

(I do wonder if gift vouchers etc that have an expiry date might be "unfair" under the Consumer Rights Act 2015.  I'd be interested what argument sellers would put forward to show the term was fair)

They've got to expire at some point anyway under the normal laws of prescription for debts (5 or 6 years depending on the jurisdiction) - which is actually what some retailers explicitly do e.g. Tesco's gift cards expire 5 years after their last use.

They don't "have to expire" at all.  

I had some WH Smith vouchers that had no expiry date and were well over 6 years old*.

I redeemed them instore and even checked before doing so that they were still valid.  The shop assistant said that so long as they had no expiry date then they should be accepted and they were.

I think I've done the same with Boots vouchers too.

Yes, I'm not arguing that retailers are prohibited by anybody else from honouring old vouchers if they choose to do so, but they don't have a legal obligation to honour them until Doomsday.

It's the law of contract, it doesn't simply end because you want it too.

HillStreetBlues

https://www.loganpartners.com/essential-guidelines-for-businesses-complying-with-uk-law-for-b2c-gift-cards/?utm_source=mondaq&utm_medium=syndication&utm_term=CorporateCommercial-Law&utm_content=articleoriginal&utm_campaign=article

Essential Guidelines for Businesses: Complying with UK Law for B2C Gift Cards

If a gift voucher does not have an expiry date specified, and you refuse to accept it as payment, consumers may have a potential claim for breach of contract, depending on the circumstances. On the other hand, if a gift voucher has already expired, you are not legally obliged to accept it. The responsibility for using the gift voucher within the specified time limit lies with the recipient. However, you can accept expired gift vouchers as a goodwill gesture, even though you are not obligated to do so.



If it was a gift then no breach of contract. If the person who bought is the user then there is a breach.

user1977

HillStreetBlues said:

user1977 said:

Okell said:

user1977 said:

Okell said:

motorman99 said:

But registrars aren’t judges, and often see things differently…..

(I do wonder if gift vouchers etc that have an expiry date might be "unfair" under the Consumer Rights Act 2015.  I'd be interested what argument sellers would put forward to show the term was fair)

They've got to expire at some point anyway under the normal laws of prescription for debts (5 or 6 years depending on the jurisdiction) - which is actually what some retailers explicitly do e.g. Tesco's gift cards expire 5 years after their last use.

They don't "have to expire" at all.  

I had some WH Smith vouchers that had no expiry date and were well over 6 years old*.

I redeemed them instore and even checked before doing so that they were still valid.  The shop assistant said that so long as they had no expiry date then they should be accepted and they were.

I think I've done the same with Boots vouchers too.

Yes, I'm not arguing that retailers are prohibited by anybody else from honouring old vouchers if they choose to do so, but they don't have a legal obligation to honour them until Doomsday.

It's the law of contract, it doesn't simply end because you want it too.

And the law of prescription applies to contracts...

https://www.legislation.gov.uk/ukpga/1980/58/section/5

HillStreetBlues

user1977 said:

HillStreetBlues said:

user1977 said:

Okell said:

user1977 said:

Okell said:

motorman99 said:

But registrars aren’t judges, and often see things differently…..

(I do wonder if gift vouchers etc that have an expiry date might be "unfair" under the Consumer Rights Act 2015.  I'd be interested what argument sellers would put forward to show the term was fair)

They've got to expire at some point anyway under the normal laws of prescription for debts (5 or 6 years depending on the jurisdiction) - which is actually what some retailers explicitly do e.g. Tesco's gift cards expire 5 years after their last use.

They don't "have to expire" at all.  

I had some WH Smith vouchers that had no expiry date and were well over 6 years old*.

I redeemed them instore and even checked before doing so that they were still valid.  The shop assistant said that so long as they had no expiry date then they should be accepted and they were.

I think I've done the same with Boots vouchers too.

Yes, I'm not arguing that retailers are prohibited by anybody else from honouring old vouchers if they choose to do so, but they don't have a legal obligation to honour them until Doomsday.

It's the law of contract, it doesn't simply end because you want it too.

And the law of prescription applies to contracts...

https://www.legislation.gov.uk/ukpga/1980/58/section/5

Yes it does but you're misunderstanding it.

Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. 

If you have a gift voucher (that you bought) that has no expiry date and the retailer reject it, then you have 6 years from that date as that is when the cause of action accrued (the date of rejection).
It's not the start of the contract.

RefluentBeans

HillStreetBlues said:

user1977 said:

HillStreetBlues said:

user1977 said:

Okell said:

user1977 said:

Okell said:

motorman99 said:

But registrars aren’t judges, and often see things differently…..

(I do wonder if gift vouchers etc that have an expiry date might be "unfair" under the Consumer Rights Act 2015.  I'd be interested what argument sellers would put forward to show the term was fair)

They've got to expire at some point anyway under the normal laws of prescription for debts (5 or 6 years depending on the jurisdiction) - which is actually what some retailers explicitly do e.g. Tesco's gift cards expire 5 years after their last use.

They don't "have to expire" at all.  

I had some WH Smith vouchers that had no expiry date and were well over 6 years old*.

I redeemed them instore and even checked before doing so that they were still valid.  The shop assistant said that so long as they had no expiry date then they should be accepted and they were.

I think I've done the same with Boots vouchers too.

Yes, I'm not arguing that retailers are prohibited by anybody else from honouring old vouchers if they choose to do so, but they don't have a legal obligation to honour them until Doomsday.

It's the law of contract, it doesn't simply end because you want it too.

And the law of prescription applies to contracts...

https://www.legislation.gov.uk/ukpga/1980/58/section/5

Yes it does but you're misunderstanding it.

Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. 

If you have a gift voucher (that you bought) that has no expiry date and the retailer reject it, then you have 6 years from that date as that is when the cause of action accrued (the date of rejection).
It's not the start of the contract.

I was under the impression that indefinite contracts (with no exit clauses by the parties) are generally disfavoured by courts? It would be rather ridiculous to have a Harris’s voucher from 1850 and expect it to be still be valid, never mind that our currency has changed since then! 

I appreciate 10 years is not a long time compared to some contracts, but I would also expect that, if there was no other contact between the purchaser and the retailer, then the contract could be nullified. 

In addition, as with almost all of the gift vouchers purchased, the contract is with the purchaser and the retailer. It would be down to the purchaser to pursue their rights afforded to them by the indefinite contract, as the receiver of the vouchers would be considered a third party by the contract, unless specifically stated. 

In any sense - most modern vouchers have an expiry date. People should really use them by that point, or ask for an extension before it expires.