Is that the tether-end I see before me?

HannaB

WARNING...VERY LONG AND COMPLICATED POST. I''VE DECIDED TO TAKE THE MATTER FUTHER.

THANKS FOR THE COMMENTS RECEIVED.

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Hello all. This is a duplicate post from the Consumer Rights board, but it's not very active over there.

I am having a mammoth of a ‘mare with Tesco at the moment. I’m posting on here as I honestly do not know what to do. I’m not really sure what I’m expecting, perhaps some ideas on the next steps, or some contact names of helpful people within Tesco, perhaps even some advice on how to make a claim to Trading Standards or Consumer help, or the noose factory!!… I really don’t know. But please bear with me as this is a long story and I’ll try to leave out any of the irrelevant bits.

In May 2008, we bought a cross trainer from Tesco Direct for around £200 with £4 P&P, paid for with my Tesco CC. In early April 2009, we noticed the cross trainer had a crack in it. So I phoned up Tesco Direct and asked if there was anything I can do. Because it was under 12 months old and because it hadn’t been used excessively, we could exchange it.

The problems began in that they couldn’t just send a new one, I had to BUY and new one and then they would REFUND me for the old one. The price of the cross trainer (same model) had increased from £200 to £250, so the guy told me that the refund would be in two sections: the first was £204 (plus the original postage) and the second would be for the extra £46 to make things even. He said he had to refund this amount onto my Tesco CC.

A few days after this call, I received the emails confirming the refund. One email had £204 and the other had £46. Great.

Lots of problems arose with the delivery of the new cross trainer. First the contractors wouldn’t take the old one because he didn’t have his papers, then they didn’t turn up to collect the old cross trainer when they said they would, blah, blah, blah, (irrelevant to the main problem. They eventually collected the old one after about 4 weeks).

While the delivery drama was happening, I tried to access my Tesco CC online to see if the refunds had gone through. I couldn’t access my account, so I phoned them. My card had been cancelled due to inactivity last summer and my online account had been closed. Because I had been taken off their systems, they couldn’t access my account at all to even ask me any security questions. They suggested I write to them and they would investigate. So I wrote to them 24th April, enclosing the two refunded emails as a reference and my last credit card bill as proof of ID.

I waited a week and called Tesco CC back for any update. I was told again I wasn’t on their systems and I should write to them if I have any queries!! (Done that, matey) They might still be pulling my file from the archives. I explained the story from the start and was told that perhaps Tesco Direct could pull the refund back.

Called Tesco Direct, explained the whole issue again and asked if any payments had bounced back or if they coule request it back. The answer was no, so the money was definitely with Tesco CC.

I spent pretty much 4 weeks doing this, making about 3 phonecalls a week to both Tesco CC and Tesco Direct. Seems like I was playing “phone tennis”:

<<<Boing!>>>

“But we sent it to them. They should have it.”

<<<Boing!>>>

“We can’t speak to you, you have no account. If we can’t allocate the money to an account, they should have had it back.”

<<<Boing!>>>

“I can’t see it’s bounced back here. Have they said that they’ve sent it back?”

<<<Boing!>>>

“I can’t access your account. We’ll look into it.”

<<<Boing!>>>

“The team that perhaps could help finish at 5pm. We’ll look into it.”

<<<Boing!>>>

“Are you sure you have an account with us? I can't see you on here.”

<<<Boing!>>>

That was how it went for weeks. But I received no letters, no emails and no phone calls back from anyone.

Finally at the end of May, I received a cheque for £200 from RBS (Tesco CC). There was no covering letter. Just a compliment slip. Great, I thought, but where’s the other £50? Thus begins the next set in the big Wimbledon “phone tennis” tournament.

“But Ms X, your CC account isn’t showing on our system…”
Really??? You don’t say??

I had no intention of cashing this cheque until I had the right amount.

Today, we received a letter from Tesco CC to say the cheque for £200 is to refund the payment made last year (didn’t even include the postage!). This is all they have record they have and they’ve basically wiped their hands clean of me completely. They make no acknowledgement that I might be due anything more.

I’m trying to put my paperwork together. I was fortunate enough to take down a couple of names, dates and times of the phone calls until we can get an itemised bill from BT. I’ve keep all the emails, both from April and last year.

Can anyone offer any advice on what I should do next? I obviously have to call Tesco Direct again at some point. What can I say that’s not already been said? Where’s that brick wall, my head itches???

Do I have a case to take something further to somewhere?

Needless to say, the cross trainer has been gathering dust as I can’t stand to look at the blimming thing.

Thanks for reading.

x

mum2one

Tesco are unbeleivable, I would contact Tradeing Standards, think they hang out at the local council offices, also may be worth giving Consumer direct a ring.

You have done the right thing be keeping all documents, it should not of been up to you to order and pay for a replacement, as under the sale of goods act, around section(14-17), "fit for purpose" - ie should be suitable for the use its described and as its within 12 months thats a manufacturers guarentee, also at a push "unmerchanisable quality" (stretching it slightly), - you cant use the item for the purpose it is intended - ie its cracked, and you could of seriously injured yourself.

If its a Tesco own brand - their liable for the 1st 12 months,
if Tesco was acting as an agent ie - Top sportsman endorsed machine - doesnt matter as long as you purchased it from Tesco, they are still liable for 12 months (some companies usual excuse - its not fault its the supplier ) - NO TOUGH LUCK - Tesco took your money, Tesco are responsible for it.

Sorry my Laws a bit rusty, but get you in the right direction xx

Meepster

Sorry, I did see this over on the other section, but all the boings were doing my head in, so I gave up reading...

HannaB

mum2one - Thanks for your comments. I've decided to take it further just because I don't know what else to do.

mwilletts - Thanks for trying.

hollydays

I would just ring consumer direct now,they will tell you what do do next,this has gone on for far too long.Or

When I deal with these types of situations I have learned not to discuss the issue with the adviser after the first occasion but to ask to speak to a Supervisor,no matter how much they tell you they have to know the details-because if you tell them the details,they then claim they can put it right (they don't) and you are back in that circle again.If they say the Supervisor is busy

Either say

"So are you refusing to allow me to speak to a supervisor?"

Or " Can you ask the Supervisor to call me back (Get their name ,department and/or staff number if they don't give names),what is the Supervisors name?

Or " In addition to these issues,I wish to raise a complaint,what is your official complaints procedure?"

Any combination,or saying all of these things usually will push you to speak to the person you need to,in order to resolve the issue.

Also,while they are resolving it you should be saying "and can you phone me back,or email me to confirm you have taken that action.

jenhug

I had a problem with tesco direct once, in the end I threatened the particular woman with harrassment charges if she contacted me again, funnily enough she gave up!

Dave101t

thats why i never buy such equipment from a shop like tesco or argos, too much hassle to take it back

Poppy9

I am not sure that TS would advise you are entitled to the extra £50 refund as you had use of the original item for over 11 months and you "agreed" (even though you felt you had no choice) to a refund so therefore they put you back in the position you were 12 months earlier.

Or they could take the line that you have a brand new machine with a further 12 month guarantee and they could have refunded you the old one with a deduction for the amount of use out of the product you had and the wear and tear on it.

It's a tricky one and I would give consumer direct a ring but I think you might not get a definite answer.

p00hsticks

HannaB wrote: »

I had no intention of cashing this cheque until I had the right amount.

Personally I'd pay in the cheque and then pursue them for the rest - if you leave it for longer than a few months you could find the cheque goes out of date nad you have to start all over again....

omen666

Poppy9 wrote: »

I am not sure that TS would advise you are entitled to the extra £50 refund as you had use of the original item for over 11 months and you "agreed" (even though you felt you had no choice) to a refund so therefore they put you back in the position you were 12 months earlier.

Or they could take the line that you have a brand new machine with a further 12 month guarantee and they could have refunded you the old one with a deduction for the amount of use out of the product you had and the wear and tear on it.

It's a tricky one and I would give consumer direct a ring but I think you might not get a definite answer.

The OP has an email depicting the refund of the 50

Poppy9

omen666 wrote: »

The OP has an email depicting the refund of the 50

I understand that but TS might tell her that her only recourse is via small claims court which will cost her money and could be a load of hassle if Tesco decide to defend.

It's a shame the CC account lapsed as she could have just claimed off them unless of course she can still claim off them. Someone more clued up on rights in claiming off CC might be able to help.