Gift Certificate Not Honored

[GiftCertProblem]

Gift Certificate Not Honored - Chili Country Club

New York

I have an old Gift Certificate that the store won't honor. It is for $350. It is 5 years old. It has no expiration date on it. When it was purchased, there were no expiration rules. Since then, the store has instituted a 2 year expiration policy. They publicized this in the newspapers, although I never saw it.

I'm taking them to small claims court. I have the gift certificate, but no receipt of it's purchase. What will be the outcome?

 

[GiftCertProblem]

Court in 1 hour

Update:
I leave for small claims court in 1 hour.

I did research this on the internet and saw quite a few posts on gift certificiates on this site.

It looks like my state, NY, has new laws that require expiration dates (if any) be printed on any gift certificates. I had trouble finding how this will apply to my particular situation.

I see California doesn't allow expirations, except in certain, limitted situations.

Hopefully the judge will know what the law is and this will be settled once and for all. Although I don't know what the credentials are of judges in small claims court. I bet the store owner will have consulted his atty. and can get out of this obligation fairly easily.

 

[pammness]

Before I went to the expense of court fees, I would request a copy of this ad, If it is after the fact...... I.E. they changed the policy for future gift certificates bought. I can't see how they can not honor the certificate.
My opinion is this. I can't see them getting by with it. They do in fact have the 350.00 and all you got was a piece of paper.....
Check locally also for a free legal consultaion. They will usually help if they can in a phone call, you explain this to them..... they don't require you to hire thme for the case. They can tell you for sure what your rights might or might not be. To me it sounds like a simple ? for them to answer over the phone<shrug> but not a lawyer..... Hope this helps. Good Luck.
You can also try taking the matter further up the store chain...... Best bet, find out the name from the Better Business Bureau who they have on file for the company and get there direct line. Find out what you have to do to request a mediation through the BBB. Follow what they tell you, which will include you contacting the contact person they have on file. Let the person know you have spoken to the BBB and what your intentions are...... You may get it honored or be reimbursed for the amount on the certificate...... Can't hurt to try this first, lots cheaper.

 

[GiftCertProblem]

Update

Thanks Pammness. I am taking them to small claims court in NY, which only costs $10. I'm not hiring representation.

At my hearing last night the judge disqualified himself. The defendant is a small town, local golf course and the judge had done business there for many years. So I will be back in court in two months with an alternate judge.

As for the Better Business Bureau, good idea. I filed a complaint with them yesterday. I doubt it will amount to anything, as I'm already engaged in small claims, but I do want people to know I'm being ripped off.

 

[pammness]

Good for you

Hey, don't sell yourself short.... Someone has to file the claims with the BBB. Who better to do it then you ? formal compliants are just that and everyone counts toward getting crooked businesses to stop cheating all of us. Your complaint will help someone else if they have to cross this merchant again.
Afterall, thats what the BBB is about. Let me know how this turns out....
If you wanna keep in touch with me for maybe a lil' extra moral support or anything, just use the e-mail option here and it will go to my personal e-mail!!
Make sure you write everything down andkeep good records of each and every contact you have had with them..... Judges like that Good Luck and God Bless !!!

 

[GiftCertProblem]

I defeated Chili Country Club in Court!

The small claims court judge ruled in my favor. I am now entitled to a cash refund of the Gift Certificate plus the small court filing fee.

Court was easy. I just explained all the facts from my perspective, while the store owner did the same. He actually got slimy and said the Certificate was a forgery, in addition to it now being expired. The judge did not go for that. And since there was no expiration policy on the certificate, I win.

It did take over three months to get the ruling. But the outcome was worth the wait. I finally have satisfacton.

Be careful people, Chili Country Club will try to rip you off.