Tesco misprice policy discussion area II

abijanzo

Odd_Fellow wrote:

I disagree.

It was still an overcharge.

How is this any different from being told by a shelf scanner that the price is £249? Just because you have a question answered by a human (who's using a barcode scanner connected to the same computer system), why is that any different to finding out the price for yourself?

I can't see how it is an overcharge if the staff member told the customer it was £249 and the customer agreed to pay this. I'm just looking at how they would see it - not saying that I agree or think it's fair.
Because of the policy wording about SEL's then there could be a case to argue for r&r and if the MSE'er involved has the energy for a fight then by all means they should have a go, however, from a few months of experience & reading this board I dont fancy their chances on this one - but I will happily be proved wrong - I've been looking for a Dyson myself to no avail.
Good Luck!

Firefly

I can't really argue with that and its a very good point. I do tend to get a bit paranoid with some things like this.

Jeffjeff it's a pity that Mr T & his staff don't feel so paranoid about overcharging us that they check their prices more thoroughly!

cleudo

If you follow this argument through then they could say that if you were seen scanning an item at one of the self-serve scanners, then you were aware of the price before approaching the till.... one to watch out for!

Odd_Fellow

abijanzo wrote:

I can't see how it is an overcharge if the staff member told the customer it was £249 and the customer agreed to pay this. I'm just looking at how they would see it - not saying that I agree or think it's fair.
Because of the policy wording about SEL's then there could be a case to argue for r&r and if the MSE'er involved has the energy for a fight then by all means they should have a go, however, from a few months of experience & reading this board I dont fancy their chances on this one - but I will happily be proved wrong - I've been looking for a Dyson myself to no avail.
Good Luck!

The whole point is that it is mis-selling. The law is, broadly, that if more than one price is shown or quoted for the same item, the lower price must be charged/paid. It is immaterial how the information on the prices is given.

Taking this arguement, it is very clear that the information given by the member of staff was wrong. It makes no difference how the staff came by the information and it, as I understand the Sale of Goods act, is immaterial whether or not the customer agreed to pay that price. The fact is that after buying the item, the customer discovered that they had been misinformed and, therefore, mis-sold the item and AT LEAST is legally entitled to a refund of the difference. Given that it is Tesco's policy to refund and allow the customer to retain the item, this policy should have been adhered to and, I believe, Tesco in in breach of the Sale of Goods act for not sticking to the policy. It's certainly in breach for not offering to refund the difference, at least.

Given that the item has been returned and refunded, I don't know how the purchaser stands now, but it would be worth a chat with Trading Standards and HO.

MyUserNamesTaken

Odd_Fellow wrote:

On a different note, I looked at this item in the Sprowston, Norwich store yesterday and was interested to see that it was the only vacuum without an SEL......

I had a look at the dyson in the Yarmouth Extra last night. It was priced at £249.99. It annoys me that Tesco have differing prices across their stores.

MyUserNamesTaken

abijanzo wrote:

I can actually see their point on this one...They told you the price and you agreed to it so, even though they had a lower price SEL up, that didnt influence your decision to buy (in their eyes). I would chalk it up to experience as I dont fancy your chances of any r&r - just a lot of grief! It's a bloomin shame mind you!

Actually, it would still be classed as misleading price indications under the Consumer Protection Act, as the shelf showed a lower price to the price the customer was charged. The assistant told the customer the vacuum was £249, but the shelf edge label indicated a lower price. In cases like this, the lower price should have been charged. Charging the higher price goes against the CPA.

littlemisscheap

I'm afraid that they seem to have confused you on this one...you've been had - this is exactly what R&R is for. They have overcharged you on an item which they advertised at the lower price of £179.97 regardless of what you agreed to pay....you agree to pay the overcharge every time you hand over money (just as we may do when buying cheese at £1.24 when the pack says £1.24 but the SEL says £1.19 which is essentially what you did. But that does not mean it is legal. In a nutshell, it is illegal to advertise one price and charge another - which is what they just did! (Although not usually an issue when lower)

It is irrelevant what you agree to pay. But this one is simple to resolve... contact the store or head office over the phone, and tell them you you will be contacting trading standards unless they keep their 'promise' as you feel you have been conned and DO contact your local Trading Standards if not resolved by Tesco. Good luck! NB: a picture of the advert is not essential as store acknowledged that the advert existed.

Sometimes the stores staff don't know how to interpret the law even though it's actually very clear and straightforward in this case.

I had one peabrain who even after I showed a receipt without a bogof and explained that the bogof hadn't come off and I'd been overcharged STILL decided that I'd been charged correctly - I said "Yes you are right. Now call a manager" who then promptly made peabrain refund me £10 - Now that left peabrain even more confused!

Odd_Fellow

MyUserNamesTaken wrote:

I had a look at the dyson in the Yarmouth Extra last night. It was priced at £249.99. It annoys me that Tesco have differing prices across their stores.

The point is that, PROBABLY, it was £174 at one time, then it went up and the plebs failed to take away the point of sale material. Yarmouth are pretty good on getting it right with non-food items at the moment. Best to check when offers have just started or finished.

jonathonjordan

DYSON HELP - THANKYOU TO ALL THAT HAVE COMMENTED

SUCCESS - I rang head office at 9.00am this morning and explained what had happened.

2 hours later they rang me back and apologised.

I can go and collect the hoover from the store today !!!!!!

Got my free Dyson.

Thankyou to everybody that commented on this - you guys are great !!!

Donegal_Paul

good on you!!

Result :-)