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Taking shop to Small Claims Court for refusing to honour gift voucher

  • 06-04-2010 10:20am
    #1
    Registered Users Posts: 697 ✭✭✭mambo


    I have a gift voucher for €30, issued 6 years ago, but with no stated expiry date, for an Irish chain of shops.

    The chain refuses to honour the voucher. :mad:

    I could discuss the morality of taking someone's money and then refusing to provide a service/produce in exchange, but let's leave that aside and talk about the legality of this.

    http://www.consumerconnect.ie/eng/Hot_Topics/Campaigns/Gift%20Vouchers/ says
    "If a shop refuses to honour a voucher that doesn't specify an expiry date, you have the option to refer the matter to the Small Claims Court."

    Anyone have any experience of doing this, and what is the likelihood of a successful claim?

    Who is the "respondant" in this case? Do I just enter the name of the company, or do I need the name of a specific person at the company?


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Comments

  • Registered Users Posts: 33,519 ✭✭✭✭dudara


    Enter the name of the company. (assuming that it is of limited liability).


  • Closed Accounts Posts: 16,707 ✭✭✭✭Tigger


    mambo wrote: »
    I have a gift voucher for €30, issued 6 years ago, but with no stated expiry date, for an Irish chain of shops.

    The chain refuses to honour the voucher. :mad:

    I could discuss the morality of taking someone's money and then refusing to provide a service/produce in exchange, but let's leave that aside and talk about the legality of this.

    http://www.consumerconnect.ie/eng/Hot_Topics/Campaigns/Gift%20Vouchers/ says
    "If a shop refuses to honour a voucher that doesn't specify an expiry date, you have the option to refer the matter to the Small Claims Court."

    Anyone have any experience of doing this, and what is the likelihood of a successful claim?

    Who is the "respondant" in this case? Do I just enter the name of the company, or do I need the name of a specific person at the company?


    did you ask first or did you just present the voucher to a staff member

    write to the head of the chain or an area manager and inquire don't mention the previous non-honoring discussion
    you never know
    easier than waiting on small claims


  • Registered Users Posts: 4,063 ✭✭✭Miaireland


    I agree about writing to head office first. I had a similar problem in a shop and was told by a member of staff that the voucher was not valid. However a manager was walking past and offered to ring head office. They were happy to accept the voucher.


  • Closed Accounts Posts: 32,688 ✭✭✭✭ Alfredo Gorgeous Wildfire


    hardly worth it for €30 when theres a €15 fee for the Small Claims Court.
    Talk to the shop manager.

    The advice from the National Consumer Agency is "Given that not all retailers indicate that they have a period of validity, it should not be assumed that just because the voucher does not state an expiry date, the store would allow it to be redeemed at any future date". A judge would then have to consider what is reasonable and, personally, I would think that 6 years is really pushing it.


  • Registered Users Posts: 2,100 ✭✭✭eightyfish


    mambo wrote: »
    issued 6 years ago

    You're taking the piss, IMO.


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  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,439 Mod ✭✭✭✭Cabaal


    eightyfish wrote: »
    You're taking the piss, IMO.

    Whilst I can see where your coming from the business still got their money and didn't stick an expiry date on the gift card, was rather foolish of them if they don't want to honour gift cards down the line.

    Personally if they continue to not honour it I'd still go to small claims court even if it costs me 15e :)


  • Registered Users Posts: 697 ✭✭✭mambo


    eightyfish wrote: »
    You're taking the piss, IMO.

    Banknotes issued 6 years ago are still legal tender. So why shouldn't a voucher be? Why can a shop just decide not to honour it after a completely arbitrary date (that they don't even specify on the voucher), and just keep the cash?


  • Registered Users Posts: 697 ✭✭✭mambo


    Cabaal wrote: »
    Whilst I can see where your coming from the business still got their money and didn't stick an expiry date on the gift card, was rather foolish of them if they don't want to honour gift cards down the line.

    Personally if they continue to not honour it I'd still go to small claims court even if it costs me 15e :)

    15e, plus possibly time off work to attend the court (if the company chooses to contest it). But worth doing for the principle of the thing?


  • Registered Users Posts: 2,100 ✭✭✭eightyfish


    mambo wrote: »
    Banknotes issued 6 years ago are still legal tender.

    A voucher is not a banknote. It is not legal tender. Most of them are valid for a year. Some six months. The most I've ever seen is five years, once. To find a six-year-old voucher at the bottom of a drawer and demand it is accepted is ridiculous, I think.#

    I've left it too long before with vouchers, and let it go.


  • Closed Accounts Posts: 16,707 ✭✭✭✭Tigger


    Tigger wrote: »
    did you ask first or did you just present the voucher to a staff member

    write to the head of the chain or an area manager and inquire don't mention the previous non-honoring discussion
    you never know
    easier than waiting on small claims


    well?


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  • Registered Users Posts: 5,420 ✭✭✭Lollipops23


    While I find most places will honour vouchers that are out of date (where I worked we would simply re-issue the voucher and swap) I think 6 years is ridiculous. Fair enough,you chanced your arm, but to take them to the SCC?Are you saying that not once,in 6 years,the shop had something you wanted to buy?


  • Closed Accounts Posts: 32,688 ✭✭✭✭ Alfredo Gorgeous Wildfire


    Mambo, I think you need a reality check. There is no principle involved here. Companies cannot be expected to carry current liabilities for vouchers unclaimed through year after year. There is an expectantion in law that the voucher would be used within a reasionable period. You waited 6 years! Did you at no point think to have the voucher renewed, or to actully buy something with it. It seems you just found it somewhere having long forgotten about it. Some gift! I'm sure the person who gave it to you would be delighted to know you never used it in 6 years. Anyway, I digress. Let us know how court goes, as I have yet to come across a judge who would consider 6 years a reasonable period for redemption of a voucher. Have you yet contacted the company about it?


  • Subscribers Posts: 19,425 ✭✭✭✭Oryx


    Isnt there a limit on the length of time a company has to hold financial records, something like 7 years? If this is the case, your voucher is very close to this cutoff, so I would see it as being 'unreasonable' to present it after so long. Im sure many companies have a checking system for validating vouchers, the files for yours were probably archived years ago!

    It is your fault that the company has had your money for 6 years, not theirs. If the voucher was for a substantial amount I would see your point, but thirty quid? If it was me I would chalk it up to experience and remember to use vouchers in a reasonable time in future. Legally, you might win your SCC case, I dont know. But is it worth the effort?


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,439 Mod ✭✭✭✭Cabaal


    mambo wrote: »
    15e, plus possibly time off work to attend the court (if the company chooses to contest it). But worth doing for the principle of the thing?

    Odds of them disputing it is unlikely, given its also time and cost for them to do so....again all over 30e they'll likely settle before hand :)


  • Registered Users Posts: 2,100 ✭✭✭eightyfish


    Oryx wrote: »
    If it was me I would chalk it up to experience and remember to use vouchers in a reasonable time in future.

    Actually, I'd say the moral of the story is don't buy people gift vouchers. They're a crap, unimaginative present.


  • Closed Accounts Posts: 16,707 ✭✭✭✭Tigger


    Cabaal wrote: »
    Odds of them disputing it is unlikely, given its also time and cost for them to do so....again all over 30e they'll likely settle before hand :)


    there is a princaple involved tho
    can't settlke just because people take you to small claims


  • Closed Accounts Posts: 32,688 ✭✭✭✭ Alfredo Gorgeous Wildfire


    eightyfish wrote: »
    Actually, I'd say the moral of the story is don't buy people gift vouchers. They're a crap, unimaginative present.

    And obviously some people just don't appreciate them either. :p


  • Registered Users Posts: 23,953 ✭✭✭✭ejmaztec


    After 6 years, I would imagine that it's statute-barred and the small claims court would throw it out. That's the usual time-limit for debts, which is probably the category into which a gift-voucher falls.


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,439 Mod ✭✭✭✭Cabaal


    Tigger wrote: »
    there is a princaple involved tho
    can't settlke just because people take you to small claims

    This is very true, but cost and time wise for such a small amount will mean they likely will....trust me on this :)


  • Closed Accounts Posts: 925 ✭✭✭billybigunz


    Go for it. You are in the right.

    They will settle before it goes to court so you will still be 15 quid the better. Ignore the many consumer advocates on here that are conditioned to being shafted.


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  • Closed Accounts Posts: 810 ✭✭✭ha-ya-said-what


    Go back the the shop, ask again, if they say the same thing again, ask to speak to the manager & quote what you said here

    "If a shop refuses to honour a voucher that doesn't specify an expiry date, you have the option to refer the matter to the Small Claims Court."

    Also bring your printed proof of that & they will more than likely allow you to spend the voucher, loads of shops try that stunt thinking people aren't aware of their rights, the min you mention consumer act or small claims court most of them give in.


  • Registered Users Posts: 697 ✭✭✭mambo


    Fair enough,you chanced your arm

    Is asking for them to honour the voucher "chancing my arm"? :(


  • Closed Accounts Posts: 32,688 ✭✭✭✭ Alfredo Gorgeous Wildfire


    mambo wrote: »
    Is asking for them to honour the voucher "chancing my arm"? :(

    After 6 years it most certainly is!


  • Registered Users Posts: 23,953 ✭✭✭✭ejmaztec


    Go for it. You are in the right.

    They will settle before it goes to court so you will still be 15 quid the better. Ignore the many consumer advocates on here that are conditioned to being shafted.

    Prove it please, so that we don't all get shafted.


  • Registered Users Posts: 23,953 ✭✭✭✭ejmaztec


    mambo wrote: »
    Is asking for them to honour the voucher "chancing my arm"? :(

    If you do a bit of crawling and ass-kissing, you might bluff your way to getting what you want, but I think that's the only option. If the company decides to go by the book, and has heard of "statute-barred", you're screwed.


  • Registered Users Posts: 1,783 ✭✭✭maglite


    eightyfish wrote: »
    Actually, I'd say the moral of the story is don't buy people gift vouchers. They're a crap, unimaginative present.

    Indeed.
    ejmaztec wrote: »
    After 6 years, I would imagine that it's statute-barred and the small claims court would throw it out.

    Imagine away...


    OP you entered into a contract whereby you purchased a promissory note from the shop where you can redeem goods up to and including its value. It is a contract. Statute of limitations does not apply, are people saying we seriously cant have a contract that lasts more than 7 years.

    If that is the case I'm going back to my first house and demanding I get it back and give them the £500 because its been more than 7 years.

    You have a contact with the card. Go to the manager, write, registered letter outlining what you have done and intend to do and seek redress through the manager before SMC. If that lucks out then go to the SMC. For €30 they will not contest, they will either have to hire a solicitor or get a manager to travel to your local court, that going to cost alot more than the €30


  • Closed Accounts Posts: 925 ✭✭✭billybigunz


    maglite wrote: »
    Indeed.



    Imagine away...


    OP you entered into a contract whereby you purchased a promissory note from the shop where you can redeem goods up to and including its value. It is a contract. Statute of limitations does not apply, are people saying we seriously cant have a contract that lasts more than 7 years.

    If that is the case I'm going back to my first house and demanding I get it back and give them the £500 because its been more than 7 years.

    You have a contact with the card. Go to the manager, write, registered letter outlining what you have done and intend to do and seek redress through the manager before SMC. If that lucks out then go to the SMC. For €30 they will not contest, they will either have to hire a solicitor or get a manager to travel to your local court, that going to cost alot more than the €30

    Exactly, if the registrar find you have any kind of case then you will win by default. A judgement would be nice for us to clarify the law.


  • Closed Accounts Posts: 20,009 ✭✭✭✭Run_to_da_hills


    If I was the OP I would be claiming interest on the e60.

    It worth at least e80 now.


  • Registered Users Posts: 5,859 ✭✭✭JDxtra


    Seems like a complete waste of time for the OP and the shop. Its just €30!! Ask nicely one more time in the shop, then after that forget about it like you did for the last 6 years.


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  • Registered Users Posts: 23,953 ✭✭✭✭ejmaztec


    maglite wrote: »
    Imagine away...


    OP you entered into a contract whereby you purchased a promissory note from the shop where you can redeem goods up to and including its value. It is a contract. Statute of limitations does not apply, are people saying we seriously cant have a contract that lasts more than 7 years.

    If that is the case I'm going back to my first house and demanding I get it back and give them the £500 because its been more than 7 years.

    You have a contact with the card. Go to the manager, write, registered letter outlining what you have done and intend to do and seek redress through the manager before SMC. If that lucks out then go to the SMC. For €30 they will not contest, they will either have to hire a solicitor or get a manager to travel to your local court, that going to cost alot more than the €30

    I'm just throwing my general knowledge into the pot, but where in Irish law does it specify that a gift voucher is a promissory note?:confused:


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