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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46224
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Again Ben, just to continue our conversation as you

Customer Question

Hi again Ben, just to continue our conversation as you stated (about the gift voucher that isn't being honoured). I now have pictures of the front and back of the voucher - the back giving the only T&Cs I can find in relation to this offer. Hope it helps to clarify things.Thanks, Julie
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
This is for Ben Jones by the way!
Expert:  Ben Jones replied 10 months ago.
Thanks I will take a look and reply later today as I am in court now
Expert:  Ben Jones replied 10 months ago.
Hi there, looking at the terms it does state that the voucher must be redeemed within its period of validity and that it is non-refundable. However, this would apply if for example you had simply forgotten to use it. This is not the case here, you have tried to use it within the period of validity, however it is for reasons outside of your control that you are now able to book yourself in. So as you have tried to book within the period of validity but it is due to circumstances beyond your control, they should simply extend the validity for a period where the next available date is. They would not be expected to be extend it for a long period, just enough to allow you to rebook. If they refuse to do so then your only option is to try and get them to refund you and to do this you will have to be treated as money owed by one party to another, where the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46224
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thankyou. That confirms what I thought and gives me the confidence to proceed. As they are a charity the threat of bad publicity may also play in my favour (although I only want to play that card as a last resort). I just hope they see sense and stop trying to pull a fast one! Your advice has been brilliant - I wish I could tip you but my funds are very limited. However you well deserve the 5 star rating and I hope you have many more satisfied clients!
Expert:  Ben Jones replied 10 months ago.
Thank you for the kind feedback, all the best
Customer: replied 10 months ago.
The issue has now been resolved successfully. The charity has offered mum another date (they rang the morning after receiving my letter!) So thankyou once more for your advice. All the best :-)
Expert:  Ben Jones replied 10 months ago.
Glad to hear it has all been resolved and thanks for the update!

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