Tesco - have taken my points away - help !

ghanagirl

daveg72 wrote: »

IMHO Tesco are sailing very close to the wind taking points that have been earned when buying items from them. The points form part of the contract of sale. Tesco are then able to rely on their Terms and Conditions of the Clubcard scheme to remove the points. Here are the Scheme's T&C's relating to banning, removing points etc.


The Tesco Clubcard card and key fobs are issued by and remain the property of Tesco Stores Limited which reserves the right, at any time without notice, to: (a)terminate the scheme; (b)decline to issue Clubcard cards and key fobs; and (c)on reasonable grounds, withdraw or cancel Clubcard cards, key fobs or points collected, or to alter or amend the conditions of operation of the Tesco Clubcard scheme. Reasonable grounds include (i) any abuse or attempted abuse of the scheme, or (ii) any use or attempted use of a Clubcard card, key fob or points in a manner which is contrary to these terms and conditions or (iii) any reasonable suspicion of dishonesty on the part of a member in connection with the scheme.

(i) any abuse or attempted abuse of the scheme. Thats a wide statement. Whos says that buying 100 CD's or whatever is abuse. Tesco have made the offer to sell. Nobody in the shop bothered to mention the 6 per person limit. Tesco were happy to take the money etc, etc. And from Tesco's point of view, how can this be proved to be 'reasonable', and by the way, what is reasonable - 'The Store Manager didn't like the look of me, I got home to find all my points had been taken...????'

Nowhere in Tesco's Clubcard T&C's does it mention the "Spirit of the Scheme", if I remember correctly it used to be there, but they more than likely had to remove it due to it's one sided nature.

Anyway, if you have had points removed and are willing to do it, people have taken Tesco's to court before and won (or got a judgement by default because Tesco's have bothered to show up).

Why do people only ever post the T&C's that defend their point of view.
It is quite clear in the T&C's that the OP has abused the promo and has had their points withdrawn.

100 dvd's devided by 2 x 500pts = 25000 pts = the second amount deducted.
Clubcard T&C's section 9 relevant part.
Tesco shall be entitled to set a limit on the number of points which may be awarded to each Clubcard account in respect of special promotional items on which additional points are awarded.

They also state that they have the can change the T&C's at anytime.
everyone who has a clubcard has agreed to these T&C's.

The OP just happened upon this forum in march and has only posted about losing points in two threads.
So come on OP admit it, You heard Martin Lewis talk about making a profit from Tesco's never read any old posts about points being taken away, got Greedy and then got caught, then post on here about your loss.
You are not the first nor will you be the last.

Beaker181004

Hi Folks,

Bit of a mixed bag of responses, but thanks to all

The one thing I will say is that in my opinion, the whole problem does relate to ABUSE and LIMITS.......however in that TESCO have not stated what they. Its all and well saying they have limits and can remove points, but surely customers need to know whats allowed and what is not. If we all knew, well this thread wouldn't exist and we'd all know where we stand ?

Thanks

Beaker181004

dazza.mk

ghanagirl wrote: »

Why do people only ever post the T&C's that defend their point of view.
It is quite clear in the T&C's that the OP has abused the promo and has had their points withdrawn.

100 dvd's devided by 2 x 500pts = 25000 pts = the second amount deducted.
Clubcard T&C's section 9 relevant part.
Tesco shall be entitled to set a limit on the number of points which may be awarded to each Clubcard account in respect of special promotional items on which additional points are awarded.

They also state that they have the can change the T&C's at anytime.
everyone who has a clubcard has agreed to these T&C's.

The OP just happened upon this forum in march and has only posted about losing points in two threads.
So come on OP admit it, You heard Martin Lewis talk about making a profit from Tesco's never read any old posts about points being taken away, got Greedy and then got caught, then post on here about your loss.
You are not the first nor will you be the last.

And Tesco are judge, jury and executioner as to what is seen as abuse. Agreed everyone has signed up to those Terms & Conditions, however that does not mean that they would judged to be legal if tested, hence the reason that people have been successful with claims against Tesco in the past.

http://en.wikipedia.org/wiki/Unfair_Terms_in_Consumer_Contracts_Regulations_1999

daveg72

ghanagirl wrote: »

Why do people only ever post the T&C's that defend their point of view.
It is quite clear in the T&C's that the OP has abused the promo and has had their points withdrawn.

100 dvd's devided by 2 x 500pts = 25000 pts = the second amount deducted.
Clubcard T&C's section 9 relevant part.
Tesco shall be entitled to set a limit on the number of points which may be awarded to each Clubcard account in respect of special promotional items on which additional points are awarded.

They also state that they have the can change the T&C's at anytime.
everyone who has a clubcard has agreed to these T&C's.

The OP just happened upon this forum in march and has only posted about losing points in two threads.
So come on OP admit it, You heard Martin Lewis talk about making a profit from Tesco's never read any old posts about points being taken away, got Greedy and then got caught, then post on here about your loss.
You are not the first nor will you be the last.

So what happens? Tesco sets a limit retrospectively lol that would really stand up in court....

UnderPressure

OK bottom line 100 cd's your tried to pull MR T's pants down and give him a spanking you cant now complain he has done the same back lol

Sorry to say move on and next time dont be greedy!

daveg72

LOL - Bottom line is, people think that large organisations can get away with what they want, if it was me, they would be in court...

UnderPressure

daveg72 wrote: »

LOL - Bottom line is, people think that large organisations can get away with what they want, if it was me, they would be in court...

Really you would waste money on a small claims court action and then try to convince a judge you were not "abusing" the clubcard system bu purchasing multiple copies of the same cd's?

LOL LOL LOL LOL LOL

I have a feeling you would be losing more than your clubcard points a few piggy pounds in legal fees as well dont you just love greedy people who then throw their toys from the pram when they cant get their own way lmao

coooooooooooooooooooooooooool

I truly hope it happens to you then you can sart a thread on here venting your frustration in your little scam failing and then keep us all update on you huge legal battle for clubcard points :rotfl::rotfl::rotfl::rotfl::rotfl:

daveg72

How I would spend my cash is up to me, but I like the odds.

taxiphil

I'm not aware of anything in contract law that frowns upon entering into a contract for personal gain. The law is perfectly accepting of one party contracting with another in order that he can benefit in some way. It's called business. It makes the world go round.

I suppose it's a sad reflection of capitalism when people have become conditioned to think it's perfectly fine for Tesco to profit from a contract with a consumer, but the other way round and it's apparently some kind of sin.

Thankfully the law draws no such distinction: individuals are just as entitled as companies to benefit financially from a contract.

Here, Tesco have entered a contract to supply the goods and points in exchange for money. They entered that contract with their eyes wide open. There is absolutely no suggestion that the OP has tried to pull a fast one. The terms of the contract were crystal clear. Tesco accepted them at the point of sale.

They can not unilaterally change the terms afterwards by keeping the customer's money but not supplying the points.

It doesn't matter if they sold the OP one CD or one million CDs; the legal principle is exactly the same.

Tesco tried to do the same with me a couple of years ago. I sued for the Deals value (i.e. 4 x the face value of the points) and they caved in shortly before the hearing date, and coughed up the cash. They ended up doing me a favour because cash is more widely accepted than Deals vouchers.

UnderPressure wrote: »

I truly hope it happens to you then you can sart a thread on here venting your frustration in your little scam failing and then keep us all update on you huge legal battle for clubcard points :rotfl::rotfl::rotfl::rotfl::rotfl:

Huge legal battle? Not really. The small claims track is quite straighforward and affordable for the layman. This is an open and shut case; the OP should have no trouble at all with his claim.

taxiphil

ghanagirl wrote: »

They also state that they have the can change the T&C's at anytime.

All contracts would be completely meaningless if terms like that were allowed to stand.

That's why we have a raft of legislation which voids any such terms in contracts.