Administration – can I get my money back?
How to reclaim your cash from companies
Retailers and businesses struggling financially is a common news headline, be it about high-street shops or lesser-known brands. We explain YOUR rights when a company goes into what's called 'administration', and how to get your money back.
What does 'administration' mean?
It's not unusual to see headlines about businesses making cutbacks and redundancies. If the financial situation is really precarious, a business might choose to enter what's called 'administration'.
Administration means an insolvency firm has been called in to run the company, and get what cash it can for creditors, by selling or utilising its assets. In theory, a business can be kept running (or be sold) as a 'going concern', but this is unlikely in the long term.
Most likely, the insolvency firm will simply collect any assets, try and sell what they can, and then distribute whatever cash remains to creditors. The money is distributed in order of priority, which usually works like this:
- Secured creditors. If the company borrowed money secured on property/assets.
- Insolvency practitioners. To pay for their work completing the administration process.
- Employees. To cover redundancy and pay wages, for example. See our Redundancy guide if you're an employee who's impacted.
- Everyone else. What's left then gets shared with everyone else, such as customers, HM Revenue & Customs, extra money to employees, and so on.
My money is with a firm that's gone into administration – can I get it back?
You've ordered something from a company that goes into administration before fulfilling your order. Whether you can get your money back depends on the company's exact situation, and how far along your order's got since being placed
If a company's in administration, it means it can't provide your goods or services, and the management's no longer in control. Yet it doesn't necessarily mean it's closed down completely.
The administrator's job is to maximise the value from selling off the company, and if keeping it as a going concern in order to sell it does that, then it'll keep trading. That may mean you can simply get a refund, or you receive the product as normal.
Otherwise, to be in with a chance of getting your money, you'll have to apply to the administrator, not the company. Any money that's left over after paying the secured creditors and staff will be split between everyone who's submitted a claim (such as yourself).
If you need to get a refund through the administrators, don't count on getting all your money back. In fact, you might not get anything. If you do, it's often just a few pence per pound owed...
Yet DON'T give up here.
If you're struggling to get your money back from a company/administrator – or you've only got a partial refund – there are other routes to try.
Where you're having no luck getting your money back – or if you've only managed to get a partial refund – this doesn't have to be the end of the story. This is because there are alternative routes to try, which we explain in detail below...
Paid by credit card? Check if you can call on Section 75
If what you purchased cost more than £100 (in other words, £100.01+), and you paid all, or just the deposit, or even only 1p, on credit card, then your credit card company is as equally liable as the retailer under what's known as Section 75 of the Consumer Credit Act.
That means whatever rights you had with the retailer/company, you have with the credit card company, so you can get your money back from the card firm.
This is a legal protection that credit card companies have no choice about – when you spend on a credit card, you're entering into an arrangement to borrow (even if you pay off in full), so you get these rights.
If you suffered losses as a result of the administration (for example, you had a half-finished kitchen and needed to pay extra to get it finished), you may also be able to claim this additional cost from the card company.
Do note that the £100 limit is for a single item. So, if you ordered ten £90 kitchen stools – a total order of £900 – it wouldn't count, though chairs sold as a set for more than £100 would qualify. With the former, it's still worth giving Section 75 a go, but it's unlikely to help, so read on.
For full details, see our Section 75 guide.
TOP TIP: There's no certainty a company won't get into financial difficulties. So the best way to make sure you're protected is to do all bigger spending on your credit card, to ensure you get Section 75 protection. Just be sure to pay off the card debt in full at the end of the month, to ensure you're not charged interest.
Not able to use Section 75? See if you can use Chargeback instead
If you paid on a Visa or Mastercard debit card for any amount, or Visa, Mastercard or Amex credit card for goods costing £100 or less, there's another step to try. It's called the Chargeback system, where your bank gets cash back from the company's payment processing bank.
Unlike with credit cards, this isn't a legal protection, but a protection from firms' internal rules. It's designed so that if you pay for something, and that order isn't fulfilled or a mistake is made, your bank can do a Chargeback from the bank that collected the payment.
Chargeback is valid on:
You must do this within 120 days
Do note the rules say you must make a Chargeback complaint within 120 days of realising there's a problem (not from the transaction date). This means if you're not able to start a Chargeback immediately, it's very important to diarise when you heard there was a problem, to ensure you you claim before the deadline.
See our Chargeback guide for full details.
Pay in cash, via cheque or by bank transfer?
This is where it gets tough.
Generally speaking, you don't have any protection when paying by cash, cheque or bank transfer. However, do remember that if you part-paid by credit card (even if this was only by a penny) and the goods cost more than £100, you're covered by Section 75.
Sometimes the company sets up specific procedures, otherwise your best route is to apply to the administrator for a refund, by adding your name to the list of creditors. But it's not likely to yield much, maybe 10% back at best.
What happens to gift vouchers?
If you've gift vouchers for a company that's gone into administration, then likely it's going to be tough luck for you.
However, don't chuck them away as soon as you find out that a firm has gone into administration. It's up to the administrators to decide whether the business will be wound up, or whether they want to continue to operate it as a going concern in the hope of attracting a buyer. And in the second scenario, you may still be able to spend your vouchers.
If the gift vouchers do turn out to be worthless, you could try making a chargeback claim. It's not guaranteed to work, and definitely won't if the gift vouchers were bought in a different store (for example, if you bought Argos vouchers at Sainsbury's and Argos went under), but it's worth a shot.
Finally, if nothing else works, you can apply to the administrators to be registered as a creditor of the business that's in administration. However, bear in mind that you'll join a long list of creditors, many of whom will be owed £1,000s by the business. If you get anything back, expect it to be a fraction of the value of the gift card.
Realistically, the best way to minimise the chances of you losing out is to spend gift vouchers as soon as you get them. The less time you hold on to them, the less likely it is that the company will go bust in the meantime.
What if a holiday company has gone into administration?
If you purchased a holiday as part of a package with an ATOL-protected travel agent (a financial protection scheme that tour operators can sign up to), you're covered for any part of the holiday where a company you're dealing with goes bust, be it flights, hotel or car hire.
In this situation, contact your travel company as soon as possible to organise travel or accommodation. The company is also responsible for any additional costs, so you shouldn't be out of pocket. Use ATOL's search facility to check if your tour operator's ATOL protected.
However, it's crucial to understand that DIY holidays, where you book all the elements yourself separately (for example, flight, hotel, transfers), do NOT get any cover from ATOL. The only way to get any level of protection is via the Section 75 route above, so try and make sure you use a credit card for some of the cost.
Most travel insurance policies WON'T cover companies going bust, unless you specifically requested it and the provider agreed to include it.
See more help in our Holiday rights guide.
What if I've got faulty goods or services from a firm that's in administration?
If goods, digital content or services purchased from a company that goes into administration become faulty in any way, you still have rights.
Generally these are what we refer to as 'Sad Fart' rights from the Consumer Rights Act 2015. We use this term because goods and services bought under the act must be:
Satisfactory quality,
As
Described
Fit for purpose
And last a
Reasonable length of
Time
For what 'Sad Fart' means in practice and what exactly constitutes your statutory shopping rights, see our Consumer Rights guide. Tool up on this knowledge.
It's then that the Section 75 rule above really comes into its own (if you have paid by credit card). That's because you have exactly the same rights with a credit card as with the retailer, which includes a breach of those statutory rights as well as administration, so you can ask the credit card provider for a refund along the same lines.
If you bought on a debit card, or on a credit card but it was for under £100 – meaning you're unable to use Section 75 – it's worth trying the Chargeback procedure instead.
Again, those who've paid in any other way will find this harder, but you can still make a claim to the administrators. If it doesn't agree to pay you, you'll simply join the queue of creditors, though your chances of getting any money are slim.
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