Its unfair that a company can gain money for nothing when a gift card isn't used in a certain period of time.
However, the right to benefit from the gift, which may be a good or service, is concour mini miss interdit not exclusively between the purchaser and the seller.The question of whether you could bring a group action is a tricky one.Adam Pavey, Partner at PLS Solicitors, advised: The contract is initially between the person who purchases the gift card and the company itself.Is there anything similar in the UK?Use it or lose it: M S giftcards have an expiry date set at 24 months after they were last used or the balance was checked - leave them inactive for longer and the money is gone.Unfortunately, there is nothing to stop such a term being included within a contract.In America, class-action lawsuits enable people to make claims against companies that have done something that has been judged to be illegal or unfair.
However, the term may not be enforceable if it isnt described appropriately within the literature.The benefit of the contract is specific to the purchaser in question.Therefore, any group litigants would be unlikely to have the same circumstances.As the answer to your question it is partially entwined with contract law, I asked a legal expert for his views.As with any contract, there are specific terms and in this case the terms state that the gift card has to be used within a set period of time.In most cases, I would imagine the expiry date is very clear and so the recipient of the gift card would have little concours ensoa argument, but its always worthwhile writing to the company and asking it to exercise its discretion.The best advice in these circumstances is unfortunately to always read the small print when you receive a gift card and put a note in your diary of when it is set to expire.Emily Spaven, of This is Money, said: When a gift card expires, a company finds itself in a perfect situation it effectively receives remuneration for a service or a good, which it does not even have to provide.Who would I complain to about this and is it a legal issue?This means the benefit of the contract is effectively signed to the receiver of the gift.
While this cannot be guaranteed, the old saying goes: 'If you don't ask, you don't get.'.
This is certainly an annoying situation for a consumer to find himself or herself in and a problem many people will have experienced.