Expired Experience Day voucher. Is there anything I can do?

[sploits]

Very true CitizenB, all I was provided with was a voucher and an expiry date. No T's & C's attached. the voucher was presented to me in the form of a weblink (just as it was sent to my father).

 

 

I can reply directly to the email that Consumer Direct have sent me so I will and i will mention that I was not the buyer and no T's & C's were provided along with the voucher

[citizenB]

Very true CitizenB, all I was provided with was a voucher and an expiry date. No T's & C's attached. the voucher was presented to me in the form of a weblink (just as it was sent to my father).

 

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I can reply directly to the email that Consumer Direct have sent me so I will and i will mention that I was not the buyer and no T's & C's were provided along with the voucher

 

I think that is a good idea. Lets see what their argument is now.

[sploits]

The email went in this morning. I will keep you posted on the reply.

 

Thanks for your help CitizenB

[citizenB]

[sploits]

I got a reply from Consumer Direct. Seems the only way we could do anything is challenge them in court

 

"With regards to your enquiry we would advise that as you did not actually buy the voucher you do not have a contract with the company and therefore would not necessarily have any statutory rights against the company.

 

When vouchers are purchased the buyer, and the seller, are bound by the terms and conditions of the voucher. The terms and conditions do not have to be physically provided to the buyer however they must be available somewhere i.e. on the traders website, for the buyer to view, or be available at the request of the buyer.

 

From your original email it appears that it was made clear on your voucher that there was an expiry date of 11 February 2012 and therefore as you did not use the voucher by this date the trader may not have breached any contract in refusing to honour the voucher once this date had passed.

As you did not buy the voucher yourself you would be relying on a goodwill gesture from the company in order to receive any remedy. The trader is not legally obliged to offer a gesture of goodwill.

The person who purchased the voucher would have statutory rights, however, if the terms and conditions stated that there would be an expiry date on the voucher, and this was made clear on the voucher itself the trader may not have breached the contract and therefore may not have to provide any form of redress.

In practical terms you may try to negotiate either a refund, or a partial refund you are happy with. However you are relying on the goodwill of the trader rather than any right to one of those remedies. To do this you may wish to speak to the trader or write to their head office, explaining why on this occasion you are unhappy and asking if there is any possibility that they can provide an outcome that both parties find acceptable.

Ultimately only a court could decide what, if anything, you are entitled to. Therefore if the trader will not give you what you feel you are entitled to the only way to enforce your rights would be through the courts."