Wednesday, 20 May 2020
Department of Jobs, Enterprise and Innovation
552. To ask the Minister for Jobs, Enterprise and Innovation the recourse customers have if they have unused gift vouchers for a company that has now entered liquidation; and the consumer statutory entitlements under Irish and EU laws in this area. [5683/20]
Where a company has entered liquidation, consumers who hold unredeemed or partly redeemed gift vouchers are classed as unsecured creditors and have no express entitlements under Irish or EU law. The priority of creditors in winding-up situations is determined by section 621 of the Companies Act 2014. As unsecured creditors, consumers who hold gift vouchers, or who have paid deposits or other pre-payments, rank behind secured creditors such as banks and preferential creditors such as employees and the Revenue Commissioners. The sole recourse available to consumers in such situations is to lodge a claim with the liquidator and await the distribution of any remaining assets to unsecured creditors after secured and preferential creditors have been paid.
If a gift voucher has been purchased with a credit, debit or prepaid card and the company enters liquidation within the time limit for the chargeback process, typically 120 days from the date of the transaction, consumers should contact their card provider to ascertain if the payment made for the voucher can be recovered through this process.