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Debenhams return?

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  • 27-07-2016 7:12am
    #1
    Registered Users Posts: 5,200 ✭✭✭


    Does anyone know if it's still possible to return goods to Debenhams when they're in receivership? I don't want to just be added to the list of creditors...

    Also any idea if you can return online purchases in store?


Comments

  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    hots wrote: »
    Does anyone know if it's still possible to return goods to Debenhams when they're in receivership? I don't want to just be added to the list of creditors...

    Also any idea if you can return online purchases in store?

    When did you buy and are they faulty?


  • Registered Users Posts: 5,200 ✭✭✭hots


    davo10 wrote: »
    When did you buy and are they faulty?

    At the weekend and just poorly fitting.


  • Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    hots wrote: »
    Does anyone know if it's still possible to return goods to Debenhams when they're in receivership? I don't want to just be added to the list of creditors...

    Also any idea if you can return online purchases in store?

    You have a right to return online purchases under distance selling regulations.
    They are trading as normal.


  • Site Banned Posts: 55 ✭✭Billy The Shiite Bag


    They are likely to exit examinership soon according to the papers today. All stores look like they will remain open too. Good news.


  • Registered Users Posts: 25,457 ✭✭✭✭coylemj


    The Debenhams receivership is a tactical manoeuvre to get the Roches (Stores) family to lower the rent on the premises they held on to which are currently on 'upwards only' rent review, I think this includes Henry St. and the Frascati Centre in Blackrock, Dublin. B & Q Ireland did the exact same thing a few years ago, it's the only legal way to get the rents reduced. The petition for the Debenhams Ireland receivership claimed that the rents they are paying are 'vastly' above current market rates.

    So don't worry, they are not going bust and this carry-on will have no effect on their dealings with their customers. They have said that all vouchers and gift cards will be honoured i.e. business as usual. The fall in the value of sterling since the Brexit referendum means that the goods they bring in from the UK to sell in Ireland will cost even less (in Euros) than before so no way are they going to fold the tent.


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  • Closed Accounts Posts: 430 ✭✭Hopeful2016


    hots wrote: »
    Does anyone know if it's still possible to return goods to Debenhams when they're in receivership? I don't want to just be added to the list of creditors...

    Also any idea if you can return online purchases in store?

    When did they do in to receivership? I've been away for over a week, I must have missed this.


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    When did they do in to receivership? I've been away for over a week, I must have missed this.

    13th May. You must have been somewhere else then.

    OP, returns as usual. Mrs S returned stuff last month and this week.


  • Closed Accounts Posts: 430 ✭✭Hopeful2016


    13th May. You must have been somewhere else then.

    OP, returns as usual. Mrs S returned stuff last month and this week.

    Eh, no they didn't. They went in to examinership in May, not receivership. They are not the same thing.

    Yes, I was away in May too, Tennerife, but I was home by then.


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    Eh, no they didn't. They went in to examinership in May, not receivership. They are not the same thing.

    Yes, I was away in May too, Tennerife, but I was home by then.

    Sorry, didn't realise we were being pedantic.


  • Closed Accounts Posts: 430 ✭✭Hopeful2016


    Sorry, didn't realise we were being pedantic.

    It's not being pedantic, they are actually entirely different and have completely different implications for customers so it's not correct to be describing it as a receivership as it may mislead other boards users.


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  • Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    Sorry, didn't realise we were being pedantic.
    You obviously don't know the difference between them.


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    It's not being pedantic, they are actually entirely different and have completely different implications for customers so it's not correct to be describing it as a receivership as it may mislead other boards users.

    The distinction between the two involves the level of protection for the company and who initiates it. Consumer rights are the same under both.


  • Closed Accounts Posts: 430 ✭✭Hopeful2016


    The distinction between the two involves the level of protection for the company and who initiates it. Consumer rights are the same under both.

    Receiverships have nothing to do with protecting the company and consumer rights are absolutely not the same under both.


  • Closed Accounts Posts: 982 ✭✭✭VincePP


    Receiverships have nothing to do with protecting the company and consumer rights are absolutely not the same under both.

    Actually when you buy something from a company in examinership or receivership, your rights are similar.

    If you bought pre examinership or receivership consumer rights can be different depending on how the receiver decides to treat the consumer - in the case of the op, the item was bought during examinership, so there would be no issues.


  • Closed Accounts Posts: 430 ✭✭Hopeful2016


    VincePP wrote: »
    Actually when you buy something from a company in examinership or receivership, your rights are similar.

    If you bought pre examinership or receivership consumer rights can be different depending on how the receiver decides to treat the consumer - in the case of the op, the item was bought during examinership, so there would be no issues.

    In examinership a business continues to trade as normal under the same ownership. In a receivership, the new owners may decide to not continue trading or may change the policy in respect of (non-statutory) returns. You're going to struggle to secure your consumer rights if the place is closed down.

    In the case of Debenhams, they are still trading and there currently isn't any difference for the consumer post appointment but that is not the case in all receiverships, and they are quite different from examinerships.


  • Closed Accounts Posts: 982 ✭✭✭VincePP


    In examinership a business continues to trade as normal under the same ownership. In a receivership, the new owners may decide to not continue trading or may change the policy in respect of (non-statutory) returns. You're going to struggle to secure your consumer rights if the place is closed down.

    In the case of Debenhams, they are still trading and there currently isn't any difference for the consumer post appointment but that is not the case in all receiverships, and they are quite different from examinerships.

    I was talking about buying while the company is in receivership/examinership - and returning or having an issue whilst it still is in the same legal state. And in that specific situation (as per the OP) the rights are very similar.


  • Closed Accounts Posts: 430 ✭✭Hopeful2016


    VincePP wrote: »
    I was talking about buying while the company is in receivership/examinership - and returning or having an issue whilst it still is in the same legal state. And in that specific situation (as per the OP) the rights are very similar.

    Well the post of mine you originally quoted was discussing the differences between receivership and examinership, which was not specific to the OP's question but was pointing out that they are not the same thing. Which they are not.


  • Registered Users Posts: 4,487 ✭✭✭Mountjoy Mugger


    I blame the OP for starting all this palaver.


  • Registered Users Posts: 7,671 ✭✭✭GerardKeating


    VincePP wrote: »
    I was talking about buying while the company is in receivership/examinership - and returning or having an issue whilst it still is in the same legal state. And in that specific situation (as per the OP) the rights are very similar.

    A company in examinership is more likely to be still here in 30 days that a company in receivership and this can effect your ability to return good.


  • Registered Users Posts: 69,028 ✭✭✭✭L1011


    coylemj wrote: »
    The Debenhams receivership is a tactical manoeuvre to get the Roches (Stores) family to lower the rent on the premises they held on to which are currently on 'upwards only' rent review, I think this includes Henry St. and the Frascati Centre in Blackrock, Dublin. B & Q Ireland did the exact same thing a few years ago, it's the only legal way to get the rents reduced. The petition for the Debenhams Ireland receivership claimed that the rents they are paying are 'vastly' above current market rates.

    So don't worry, they are not going bust and this carry-on will have no effect on their dealings with their customers. They have said that all vouchers and gift cards will be honoured i.e. business as usual. The fall in the value of sterling since the Brexit referendum means that the goods they bring in from the UK to sell in Ireland will cost even less (in Euros) than before so no way are they going to fold the tent.

    I wouldn't be anywhere near so sure. The Roches don't own all the stores; most of those they do are attractive sites to other operators and Frascati could allow a full re-dev of the centre.

    The losses annually are more than the realistic reduction in rent available. They owe an awful lot but primarily to one creditor - their parent firm - which seriously limits the chances of a writedown from another source.

    The examiner has posted ads in the business/trade press looking for buyers!


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  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    Well the post of mine you originally quoted was discussing the differences between receivership and examinership, which was not specific to the OP's question but was pointing out that they are not the same thing. Which they are not.

    But we were discussing it in the context of the OP's question.


  • Closed Accounts Posts: 430 ✭✭Hopeful2016


    But we were discussing it in the context of the OP's question.

    No, not the comment you quoted. That was specifically pointing out they were not the same thing. Debenhams is in examinership, not receivership.

    This is my last response on the matter cos this is petty and I need to dry my hair.


  • Closed Accounts Posts: 982 ✭✭✭VincePP


    A company in examinership is more likely to be still here in 30 days that a company in receivership and this can effect your ability to return good.

    Please read the OP and my replies - I'm answering in regard to the OP question about purchasing during the legal state of examinership or receivership and returning the item while a company is in the same legal state.

    Change in the legal position of a company will of course make a difference, but that was not the query here.


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