Q. Today, Tuesday 15 January 2013, I attempted to make a purchase at HMV Ocean Terminal, Leith, using gift tokens given to me for Christmas.
The store was open for business and trading, accepting cash and I presume making credit card sales – but they would not accept my gift tokens as part payment! I explained that HMV already had the cash, which was given in good faith, in their bank account for the gift tokens, but to avail.
This situation is tantamount to stealing. Also, I presume that HMV were still selling “gift tokens” up to and including close of business last night! (ie Monday 14 January). If that was the case, then that is nothing short of criminal!
Three members of my family, including myself, are now out of pocket to the tune of over £200.
Surely the government can do something about this?
DA, Edinburgh
A. Ken Pattullo, partner at Begbies Traynor in Scotland said: “I have great sympathy with Mr A’s situation, and completely understand his feeling that he has been taken advantage of in the case of the HMV failure. Legally, in situations where a retailer has been placed in the hands of administrators, it is at the discretion of the administrators whether vouchers are honoured. Administrators may wish to sell a business as a going concern, so they will want to minimise negative publicity and may allow vouchers to be redeemed, but their primary legal obligation is always to the creditors, that ironically include the holders of vouchers.
The key to protecting consumer interests is in warning the public that buying vouchers is effectively the same as lending a business money. In the case of HMV there will be millions of pounds in vouchers that remain unredeemed, but it is possible that administrators may reverse the decision to stop accepting vouchers later in the process. It is always worth holding on to the vouchers until the administration is completed.
• If you have a consumer issue contact Claire Smith on 0131 620 8432 or e-mail csmith@scotsman.com.