Voucher not honoured after shop changes ownership

bbosco

Hi,

I bought a €200 voucher for my father last March, using my Visa card. In July he went to spend the voucher and was told, in the shop, that they had changed ownership and would not honour the voucher. He was given the details of the previous owners.
He called the company that had previously owned the shop (they are still a going concern) and was treated well and promised that they would provide a full refund via my Visa card. Since then, despite numerous follow up phone calls and emails, we have not received the refund. It is now at the stage where it is quite clear we will not be receiving one unless we take a different course of action.

The Small Claims Court seems like the right place for this, but I understand they do not deal with claims relating to debt. Does this fall under that category or the "claim for goods or services bought for private use from someone selling them in the course of a business (consumer claims)" category?

If that is not an option, is there any possibility of working through Visa? I got a vague explanation from someone that they may be obliged to provide a refund (and chase the vendor themselves) where goods or services purchased are not provided. This sounds a little unlikely though.

Do we have any other options? Are the new owners of the shop under any obligation?
Any advice would be much appreciated.

Razorfish

If you purchased with a Visa Credit Card, contact your bank and request a charge back as the voucher cannot be honoured.

GerardKeating

bbosco wrote: »

Hi,

I bought a €200 voucher for my father last March, using my Visa card. In July he went to spend the voucher and was told, in the shop, that they had changed ownership and would not honour the voucher. He was given the details of the previous owners.
He called the company that had previously owned the shop (they are still a going concern) and was treated well and promised that they would provide a full refund via my Visa card. Since then, despite numerous follow up phone calls and emails, we have not received the refund. It is now at the stage where it is quite clear we will not be receiving one unless we take a different course of action.

The Small Claims Court seems like the right place for this, but I understand they do not deal with claims relating to debt. Does this fall under that category or the "claim for goods or services bought for private use from someone selling them in the course of a business (consumer claims)" category?

If that is not an option, is there any possibility of working through Visa? I got a vague explanation from someone that they may be obliged to provide a refund (and chase the vendor themselves) where goods or services purchased are not provided. This sounds a little unlikely though.

Do we have any other options? Are the new owners of the shop under any obligation?
Any advice would be much appreciated.

They is a time limit for chargebacks, ring your bank ASAP to start the process.

3DataModem

GerardKeating wrote: »

They is a time limit for chargebacks, ring your bank ASAP to start the process.

It's 180 days... so you are likely to be just about too late.

dudara

bbosco wrote: »

Are the new owners of the shop under any obligation?

None whatsoever. The debt is linked to the previous owners.

Get in touch with your credit card provider and see what options are available to you for a chargeback. Keep all documentation etc backing up the fact that the original vendor has promised to refund, but has not done so.

GerardKeating

3DataModem wrote: »

It's 180 days... so you are likely to be just about too late.

180 days is Six months, which is March; when the OP bought the voucher. If late March when, they might have a day or two left...

Pkiernan

dudara wrote: »

None whatsoever. The debt is linked to the previous owners.

.

You are wrong in this posting.

If the business has changed hands (which is how I read the first post), then the debt also changes hands. OP, if this is the case, then your voucher must be honoured.

If the business has gone into liquidation, and the new business merely happens to occupy the same premises, then the debt does not follow.

dudara

Pkiernan wrote: »

You are wrong in this posting.

If the business has changed hands (which is how I read the first post), then the debt also changes hands. OP, if this is the case, then your voucher must be honoured.

If the business has gone into liquidation, and the new business merely happens to occupy the same premises, then the debt does not follow.

You are correct - a good point to make.

ScouseMouse

Sorry, while I only have a little experience on this issue, I find that hard to believe.

I bought a shop a few years ago, and, we will say, it was called, Pats shop. Now it was really "superscouse ltd" trading as pats shop.

The previous owner left owing money, but he was "previousowner ltd" trading as Pats shop. If that makes sense.

I was not liable for his debts. On this basis, I doubt this could be correct.

I even got an execution warrant from the sheriff for money owed by the shop, and when I pointed out I was not the debtor, it was withdrawn.

cerastes

Im sure its of little use to the OP and my sympathy is with you having been relieved of your cash and presumably charged for the transaction.

I never avail of vouchers, I advise anyone the same, I'd be wary enough of them even if the shop hadn't changed hands, which someone could not expect to foresee. At least they purchased with their credit card, then they have the weight of the card company to do the hard work on their behalf.
If ever I have (been given) one, I make sure to use it as soon as possible,
I'd prefer give cash (despite what people may think), at least its valid for a transaction anywhere,
The worst case option Id suggest for anyone is a shopping centre voucher that is valid in a number of outlets, then the recipient can spend it on something they need and treat themselves another time, instead of being obligated to get something from a limited selection or in many peoples case, nothing when the time limit runs out.

I go along with contacting the credit card company immediately.

dudara

superscouse wrote: »

Sorry, while I only have a little experience on this issue, I find that hard to believe.

I bought a shop a few years ago, and, we will say, it was called, Pats shop. Now it was really "superscouse ltd" trading as pats shop.

The previous owner left owing money, but he was "previousowner ltd" trading as Pats shop. If that makes sense.

I was not liable for his debts. On this basis, I doubt this could be correct.

Your example is valid as there were different companies involved.

In the case from the OP, we would need to know what happened to the first company. Was it sold to the current owners, or did the current owners take over the trading name, but with a different company.

ScouseMouse

Sorry, but its nothing to do with the trading name.

I took over the trading name. "Pats Shop", its the company behind it you have to be aware of.

HMV is another example, as a goodwill gesture they have announced they will honour the old gift vouchers, but they dont have to.