The Consumer Lawyer

HMV goes into administration

HMV, the popular music and video retailer, has gone into administration for the second time in six years. This means that HMV is now being run by administrators, with a view to either selling the brand, or closing it down for good. In the current retail climate on the high street, many believe we will shortly see the HMV brand disappear for good.

If you have recently purchased goods from HMV, or are about to do so, or if you have received an HMV gift voucher for Christmas, here’s a few things you need to know:

I’ve recently purchased goods from HMV

Ordinarily you have lots of consumer rights if goods turn out to be faulty. However, these rights only exist if the retailer you purchased from is still in business. I would advise that you thoroughly check your purchase now and make sure that it is in good working order. If you discover a problem, take it back to the store immediately and ask for a refund or replacement.

If you are still within 30 days of purchase/delivery of the goods, you can demand a refund for faulty goods – thanks to section 20 – 22 of the Consumer Rights Act 2015. If it was more than 30 days, HMV can refuse to refund and instead offer a replacement.

I’m thinking of purchasing goods from HMV

Take note of what I have said above about your consumer rights if HMV close down for good, which is likely. If you still feel the need to shop at HMV, you will be protected if the purchase price is £100 or more and you use your credit card. This is because you will be protected under Section 75 of the Consumer Credit act 1974. Under section 75, your credit card company would have to refund you and then pursue HMV itself. You may also be protected if you use your debit card, under what is called the ‘Chargeback’ scheme.

I have an HMV gift card

My advice is simple; spend it as soon as possible. It is highly likely that the HMV administrators will shortly refuse to accept gift cards and if the brand closes for good, all gift cards will become completely worthless.

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