Legal Question in Business Law in California

Victoria's Secret took money out from my gift cards

Hi,

I have two $500 Victoria's Secret that I bought from a friend who got them as presents from their friends. They had full balances on them for about a week and then i found out that my gift cards have zero balances, so i called V.S and they told me that they were unable to collect payments from the credit card that was used to purchased the two $500 gift cards, so they took the money out of the gift cards. Please tell me that this is not the legal wayl, am i correct? If they cannot collect payments from the credit card, they have to go through the legal way with collection agencies and etc. The gift cards were sold in a sale transaction to a buyer. It's the same as we went out to buy an item from a store and i used a credit card to purchase the item, and the credit card didn't go through, so the store decided to come and take my item away from me. Don't companies such as this one have departments where they collect the unpaid amount from the buyer and the gift cards are transferrable. They shouldn't be allowed to take my money out of my gift cards whenever they want to just cause they have the gift card numbers to do so. Please advise me on how to communicate with the company. I appreciate any suggestion. Thank you.


Asked on 9/25/07, 3:10 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Victoria's Secret took money out from my gift cards

Theoretically if you buy something with a credit card, and you don't pay your bill or the CC is stolen, the CC company can place a lien on the goods. Of course this doesn't usually happen with goods that aren't easily and peaceably repo'able by the card issuer, but in this case the gift card issuer was within their rights. And I bet the friend of a friend of your friend is a "carder".

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Answered on 9/25/07, 3:17 am


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