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Category: Law
Satisfied Customers: 129
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I have an old customer who purchased a voucher in March 2020

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JA: Hello. How can I help?
Customer: I have an old customer who purchased a voucher in March 2020 which has now expired March 2021 she contacted me demanding a refund as she was not able to use her voucher due to lockdown.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I have changed my business and have offered her a transfer voucher but she does not want it she demands the refund even though her voucher has expired and is threatening legal action. The voucher had a clear expiration date but did not state terms, terms were available on my website which no longer exist. I just want to know as her voucher was invalid am I in breach of any consumer rights and do I need to give her a refund for an expired voucher I am in the uk
JA: What steps have you taken so far?
Customer: I have offered her a transfer voucher to my existing services at my new business location
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I think that’s all

Hi, thanks for the question.  I’m Chris and I’m a Solicitor in litigation matters. I will be happy to assist you and hope to provide a full response as quickly as possible.

This is a question and answer service rather than an instant chat service, and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can.

I’m sorry to hear about the situation you find yourself in.  How much is the voucher for?

Customer: replied 9 days ago.
Hi Chris thanks for your reply. The voucher is for £150 and was for beauty services.

In legal terms she has spent her money on an item. That item has expired but you are giving her a new item (voucher) for that same amount. There is nothing to suggest she should have a refund. What you have offered is fine. I suspect she is not going to go to court for £150 and I’m not sure what she would go to court for anyway seeing as the item she is arguing about still exists (albeit with a different company but for the same thing).

Customer: replied 9 days ago.
what happened was I rebranded my business and I have moved location but still in the same town and still the same company just trading under a different name and I no longer offer 2 services which she says that’s what she would have used the voucher for, the voucher does not state any applicable services just beauty treatments and I still offer beauty treatments at my new location .
Her voucher expired in March and I left the premises in April and she has only contacted me in April. She said she was unable to use the voucher as it was lockdown but we were open during the times government allowed so there was a possibility for her to use the voucher.
As good will due to lockdown I offered her the transfer voucher to my new location even though her voucher had expired.
She has mentioned I am in breach of consumer rights act section 11 2015 and she says has contacted a solicitor.
I checked online and found some conflicting information about vouchers legally having to be valid for 5 years minimum and then I found information saying that was not the case in the uk.
I hope I have explained this clearer, what do you advise?

Do you still have the T&Cs from the old website for the voucher? You’re correct to say that the voucher is for beauty treatment generally and that’s what she’ll get. The voucher can last as long as you say it lasts. If you don’t want the hassle give her the £150, but ultimately she is still getting what she paid for when the first voucher was purchased back in March last year.

Customer: replied 9 days ago.
What do you mean by the hassle?
I can handle hassle but I just want to be sure that no legal action can be taken against me.
Am I correct in thinking as she had contacted me after the voucher has expired there is legally nothing she can do.
She can badger me as much as she likes, I feel like I’ve given her a reasonable offer but of course if I am wrong I will refund her, I just don’t want to if I do not have to.

You don’t have to refund her. The voucher expired, but you are carrying it on for beauty treatments as per your business. She can’t argue section 11 because you are offering the same service: ‘beauty treatment’.

Customer: replied 9 days ago.
Unfortunately I do not have the t&c’s as they were on the old website which is now deleted.

That doesn’t matter too much. The comments above don’t change.

I hope I’ve provided the information you were seeking? If you need more help, please let me know so l can continue to assist you. Otherwise, thank you for using JustAnswer. All the best and hope the matter gets resolved.

ChrisB4147 and other Law Specialists are ready to help you
Customer: replied 5 days ago.
Hi Chris thanks for getting in contact
I think I have managed to sort the situation, she backed down once she received my last email but we have managed to come to a compromise. Thank you for your assistance

That’s great. Good to hear.