Poll to identify how many Ozbargain users may have Dick Smith Gift Cards in their possession with unused credit on them.
Note, for any item paid by credit card you may be able to raise a chargeback or fraudulent transaction case with your financial institution.
I tried using in-store and was rejected.
Although just before i managed to place an order online for some things and these were able to be picked up.
Still have over $500 in vouchers :(
Krish, if you/friends/family purchased those gift cards using their credit cards then they should charge-back with their bank. Tell the bank that you are disputing the transaction as goods were not received.
Otherwise, you may find that if the administrators can't sell stock that they may later let people buy last remaining stock using their gift cards in an attempt to offload unwanted stock, while reducing creditors' claims.
All the best. Hope this helps.
Thanks for the advice :)
Much appreciated, will definitely try the charge-back option.
No way, you poor thing =( Definitely try to tap into any CC protection you may have.
I think it's disgusting they're dishonouring gift cards ESPECIALLY when they just had promotions for an extra 10% credit. SO DECEPTIVE and misleading when im sure AF they knew this day was coming.
@CheapskateQueen: any directors could wipe their a$$e$ and prepare for jail term if proven to trade while company is insolvent. Let's see if ASIC and our judiciary system is paper tiger or crouching dragon.
Good luck guys - hope you get your money back soon.
Actually I don't believe that you have a strong case re: disputing credit card transactions if you have already received the gift card. Since the gift cards were bought at a time when they could be used, the obligation of sale (provision of gift card) has been completed. If the cards were bought quite recently (ie last week) and directly from Dick Smith, you may be able to argue they were sold unlawfully, but I still doubt you would have much luck with that (as the bank/CC company won't be able to recoup that money). I spoke to my bank, and since the cards were bought through a third party, not directly through Dick Smith, and the cards were supplied, they would not process it as a fraudulent transaction.
Regarding the sale of remaining stock to people with gift cards. I think you will find that this will not happen either. The task of the administrator is to reduce credit burden to PRIORITY creditors, ie suppliers of goods/services to Dick Smith that have not been paid. Unfortunately as a holder of a gift card, you become a creditor to Dick Smith of the lowest priority order. Selling goods to the general public is hence the best option to gain additional revenue, not to people with gift cards, as the latter would generate no further income.
Anyway, all doom and gloom aside. This is a voluntary administration at this stage, not receivership, so the "halt" on gift cards is only temporary pending a decision from the administrators. Who knows, it could all go swimmingly well, like the Rick Hart fiasco
Rick Hart Receivership , note the statement "A Consumer Protection spokesman said that while authorities had received legal advice on the issue, it seemed PPB could legally refuse to honour vouchers."
I have read in the news that the receivers are not going to honour gift vouchers and deposits, how about paid items with Paypal? Any feedback greatly appreciated. Thanks
Dispute the transaction with Paypal, and let the administrators refute it once they supply the goods.
Previously I bought those 10% giftcards on Scoopon via Paypal. Already open a case. Don't know if it's gonna work. Pray for it.
Good luck, mate.
Thank you, kipps for your invaluable advice. Just got my TV delivered this afternoon after filing my claim with Paypal last night.
I paid with PayPal last night and picked up in store today.
If items are available in store, then yes you will get items purchased AFTER the halt on Gift cards / ordered stock.
The issue is with people who bought stock that either needed to be ordered, transferred from another store, or who bought gift cards.
As this was revenue earned PRIOR to administration it becomes a line of credit. Anything purchased once in administration becomes revenue to reduce existing debt.
If they're not going to honor payments from Paypal, just get a full refund from PayPal.
All those people who bought up on the gift cards when Coles etc were offering a bonus 10% have been seriously burned. Hopefully all the OzBargainers used their vouchers straight away!
I bought ~$700 of gift cards back in June, but used it all straight away on a new phone. Wasn't confident in DSE's ability to survive even then.
Unfortunately mine was on the courier vehicle to be delivered but was instructed to take it back to the courier warehouse.
Hi ntongeng,
Recommend you urgently issue a charge-back request to your bank, and/or dispute the transaction with Paypal. Good luck!
Will do, thanks
how do you know it was on the courier vehicle?! I thought they were only dishonouring items that weren't in stock? I don't get how they can just decide not to deliver the item if they're going to continue trading? this is all BS
@CheapskateQueen:
Got a call from the courier yesterday that delivery will be between 2 to 5pm but received a SMS mid morning that delivery is cancelled and to call Dicksmith for updates which I did. I also called the courier and was told that he was instructed to stop delivery and to return to the warehouse with the remaining undelivered TVs. I guess that's when he send out SMSs to all those unlucky buyers like me regarding cancellation of further deliveries. So yes, Dicksmith did just stop delivery as they wish. Will take kipps's advice to file a claim with Paypal asap. Thanks for all the advices and info.
@ntongeng: So at what point does the TV belong to you. If you've paid for it and it's in a parcel with your name on it with a carrier I would think there is a fair argument it is actually your property. Anyone know?
@tonka:
If it's still with the courier it's the senders responsibility till it's signed off or handed to the receiver.
@Wonka:
Yes, I did. I tend to agree with silent1 that the TV is still the property of Dicksmith as the courier is working for Dicksmith.
Feel sorry for you mate and pretty low to recall items already in transit. However I suspect the Administrators had no choice, because if Dick Smith hadn't paid the supplier for the TV then title most likely still resided with the supplier.
I wonder if you could have been charged for 'receiving stolen goods'. I doubt it and IANAL but interesting to ponder.
Thanks for the sympathy, so close to getting a good buy on a TV and now so far, it's going to take a bit of time to get back the money vide Paypal. Can someone enlightened me, what is the differences between a administrator and a receiver? Are they the same person? From what I can gather from the news they would not be the same people as it was announced that Dicksmith appointed the administrator and it was Dicksmth's lenders who appointed the receiver. If this is so then it would have been the receiver who has halted the deliveries to protect their own interests.
Depending on what happens you might find the TV for sale at a significant discount in the closing down sale, but my guess would be that it will be on it's way back to the supplier before the end of the week.
@mathew42:
Hi guys, thank you so much for all the info and advice. Just an update, Dicksmith responded to my claim vide Paypal with shipping info and the good news is that the courier has delivered my TV this afternoon. So, good luck and all the best to all the other buyers and hope they get their goods too. Another one up for Paypal. Cheers
@ntongeng: Glad it worked out for you. I give people money now, rather than gift cards - a lot of them don't get spent and then they expire. Personally I think making people with Gift cards as unsecured creditors is appalling.
Has anybody else paid with PayPal already make a claim? If so, what's Paypal response?
Pay with PayPal on Scoopon's deal https://www.ozbargain.com.au/node/225890.
Opened a claim about an hour ago. Let's see what happens.
Been surprised how good PayPal have been. I lost $500 on the IceTV Skippa fiasco.
Then when I went though my emails I noticed I had paid via PayPal.
Put in a claim about two days before the expiry and had the money was refunded about a week later.
Impressed.
Damn! I hope I can recover the money! Opened a dispute on both Paypal and Scoopon.
My tip to everyone, do not buy online as well. Do not give dick money without having the item in hand coz there is no guarantee u will get ur purchase delivered.
If the administrators are trading on then you will receive your stock for items purchased post-appointment. The problem will be that you have no-one to return the stock to if anything goes wrong. You should therefore not buy unless on credit card (for extended warranty/etc) and unless price discounted substantially.
As much as I'd like to agree that trading whilst insolvent is illegal, I've read many stories of people having paid for items and never receive delivery of said items from companies that go into admin/insolvency.
And, if I am wrong, sorry for giving poor advice, but why risk it really?
If you buy from DSE now you're buying from the administrators trading on the business. This is fundamentally different to trading with DSE prior to their appointment. Administrators are personally liable for the debts they incur while trading on the business. See section 443A Corporations Act.
I had a read, and ur right. But further reading of the law, just confirms why there are lawyers out there. The law is hardly ever black and white.
http://www.foxtucker.com.au/on-terms-limiting-liability-for-…
I'm no lawyer, but my reasonable mind still says, why take the risk.
We have people here sitting on useless gift cards, who's to say if I bought a tv from DS online with my card, I won't get my item delivered? And the trouble to go thru the law or through process to get my money back.
I'd rather just buy it from a company who is financially more sound. OR, in store when I have both hands on the item.
Just a reasonable mind speaking, not a legal one :)
@cloudy: The law here (about administrator's liability) is black and white. Speaking as a lawyer, practising in insolvency. Of course, always place orders online through credit cards so you can fall back on the charge-back scheme, if you need to.
Saw this coming and spent mine on the 1st! Really surprised they aren't honouring them in store though.
I TOLD U GUYS!! it was guna happen Get the money back with paypal dispute or ebay item not received.
Fortunately when I bought my iPad mini 4 in December I went straight from Coles to the DSE store. Wondered if I did the right thing when I saw the specials happening lately but so relieved I did.
Never been a fan of gift cards (much less holding on to them).
Could anybody tell me if I could have them refunded from the supermarket? I've bought them from wws one week ago ToT😭😭😭
Luckily my woolies sold out, otherwise I couldve been stung too.
likely have to registered as an unsecured creditor. With any fund paid in the order for secured creditor, staff……..then unsecured creditor and look at the past months how DSE's "suicidal sales", would you hold any expectation of anything left.
According to The Age, Woolies and Coles are saying no refunds as they have already passed the money on to Dick Smith.
An article on The Age website had the following response from Coles:
A spokesperson for Coles said that the gift vouchers had been withdrawn from sale in the supermarket when the Dick Smith was placed into receivership on Tuesday.
"Coles was not informed prior to the company entering administration and we apologise for the inconvenience caused to our customers," the spokesperson said.
"Coles is unable to offer refunds for gift cards as Coles has already passed on the funds. Customers who have purchased Dick Smith gift cards that have not been redeemed should contact the administrators to register as creditors or for updates on any change to the redemption of gift cards in future."
http://www.theage.com.au/business/dick-smith-accused-of-pump…
Well, they washed their hands pretty clean.
Thanks for your information…
So sad
What else can I do..
Stung much $?
Yea…I intended to buy an iphone….
Tragedy…..T—-T
Did you buy the gift cards using a credit card?
Unfortunately, no…
I bought them by gift card
And I've read the news, supermarkets refuse to offer the refund 😞
Did anyone try to refund their gift cards at coles or woolworths?
Ask your banks for charge back and if you have paid with cc, you could try to ask your cc company to get a refund . Here is link for it : http://www.afr.com/business/retail/customers-with-dick-smith…
Also, a gift card app company probably able to help honour your gift card
http://www.smartcompany.com.au/finance/49440-gift-card-app-a…
I am sure you are trying to be helpful but read your second link because your wording is misleading due to omission - there's no point giving people false hope :-(
It's already been discussed in numerous OzBargain threads including this thread dedicated to it, that the company is only honouring the gift cards purchased from them directly.
If you think about it logically it would be suicidal for their business to honour gift cards purchased from others such as Woolworths/Coles.
After contacting my bank to enquire about a Charge Back (which was unsuccessful, due to my Card being a Debit Card), they provided the contact details for Ferrier Hodgson. After ringing, they e-mailed me an Unsecured Creditors Pack for me to submit my details as an Unsecured Creditor. If you haven't already done this and it is unlikely that your bank will provide a refund through a Charge Back, I would suggest doing so. Whilst this won't guarantee that you get a refund, at least you are registered if something is done for Gift Card Customers (I would attach the PDF's that I was sent, but I'm unsure how to do this). The Link Dick Smith Holdings Limited Enquiry Centre number is 1300 853 481.
I have $1 left during DSE crazy sales.
I never buy this kind of gift card unless I would use them immediately.
has anyone tried calling their bank and getting them to do a 'charge back' ?
Anyone with gift cards try to use them today? Are they being rejected now?