Tesco - have taken my points away - help !

UnderPressure

taxiphil wrote: »

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.

I was being sarcastic, I cannot honestly believe people could take this whole thing so seriously, it is obvious what the OP was trying to do and as far as I am concerned it was wrong if not lawfully certainly morally, greedy even so to have his clubcard points taken back for me anyway seems more than a fair way of dealing with things.

Tesco are protected by their T&C's that we all agree to by having and using a clubcard in the first place, a county courts time in this day and age should not be wasted in such a way, if the OP goes down the court route then I for one sincerely hope Tesco challenge it, I am sure any judge worth his salt would see what the OP was trying to achieve.

I am all for sticking up for the little man when it comes to big companies but in this case I really do believe the OP has already got what he was owed.

Court court court, sue you for this sue you for that, for far too long dam right fraudsters and imorraly wrong people have hidden behind this threat to be honest it is pathetic, taking Tesco to court over clubcard point I have never heard anything so ludicrous in my life!

Tell me out of interest your particular court case, I dont want to know the details but you seem like a reasonable intellignet person, did you bring the case by chance because you had tried to defraud them out of clubcard points and lost the game?? I bet not..............................

Silly advice is given far too freely on this forum there are consequences for all our actions.

ghanagirl

I would be behind the OP 100 % if he bought a few, but about 100 then no way.
Lets be honest people like him have Killed DOTD, Recycling and various other offers have now seen a strict bulk buy policy introduced.

Besides he has said he's going to fight tesco's and will be able to get all the people he gave CD's FOC to go to court to back up the claim.
Tesco's will provide a list of what the OP bought and if he bought one or two copies of the same disc then OP will have no problem in court.

so come on you know exactly how many cd's you bought.

I agree 100% no retailer should be able to do what they like, but the T&C's are quite clear about the awarding of bonus points as i posted ealier.

There are various posts on here and PTS about people buying 30 - 40 copies of forever love cd and have not lost their points

taxiphil

UnderPressure wrote: »

I was being sarcastic, I cannot honestly believe people could take this whole thing so seriously, it is obvious what the OP was trying to do and as far as I am concerned it was wrong if not lawfully certainly morally, greedy even so to have his clubcard points taken back for me anyway seems more than a fair way of dealing with things.

Yes - it is obvious what he was trying to do - he was entering into a contract for personal gain. That is exactly what Tesco do when they buy from a supplier. They buy something from X, and sell it to Y for a higher price than they paid to X - thus making a profit. Tesco don't give a monkeys if the supplier is making a loss on the deal (which is often the case). It's business - simple as that.

I'm still not sure why you think only a company should be able to benefit financially from a contract, but not an individual?

UnderPressure wrote: »

I am sure any judge worth his salt would see what the OP was trying to achieve.

Yes, I'm sure any judge would see he was trying to make a personal gain, and I'm equally sure that no judge would have a problem with that.

As I have said, the law does not frown upon anyone for entering into contracts in order to benefit themselves.

There is a fundamental principle of contract law, stretching back many years, that 'consideration must be sufficient but not necessarily adequate'. In other words, the court doesn't care about "bad bargains" - they won't make a comparative economic evaluation of the consideration proffered by each party. The court is only concerned with establishing that the parties agreed on a something for something arrangement - the famous example known to lawyers is that a peppercorn in exchange for a Rolls Royce is sufficient.

Any county court judge "worth his salt" will be very well acquainted with this principle.

UnderPressure wrote: »

Tell me out of interest your particular court case, I dont want to know the details but you seem like a reasonable intellignet person, did you bring the case by chance because you had tried to defraud them out of clubcard points and lost the game?? I bet not..............................

It was a similar situation to the OP's - I purchased many items with 'extra points' offers and Tesco refused to honour the points, which were worth in the region of £1k in Deals.

In legal terms it's a perfectly valid contract with no element of fraud at all - that's why Tesco ducked out of trying to defend it in court.

inspace

Quote
" Yes - it is obvious what he was trying to do - he was entering into a contract for personal gain. That is exactly what Tesco do when they buy from a supplier. They buy something from X, and sell it to Y for a higher price than they paid to X - thus making a profit. Tesco don't give a monkeys if the supplier is making a loss on the deal (which is often the case). It's business - simple as that.

I'm still not sure why you think only a company should be able to benefit financially from a contract, but not an individual?"

At last someone with a brain - this is how I think

Princess_Coupon

This is the way I see it
Buy 100 CD's + get 1,000's of points then somehow return them but keep the points= Abuse
Buy 100 CD's + get 1,000's of points (as per instore offer)= Greedy but not abuse.
I'm with Phil, I can't see a judge upholding T&C's that boil down to=
"Tesco can do anything they want with your card, account, and points"

Irishsmurfy

taxiphil wrote: »

Yes - it is obvious what he was trying to do - he was entering into a contract for personal gain. That is exactly what Tesco do when they buy from a supplier. They buy something from X, and sell it to Y for a higher price than they paid to X - thus making a profit. Tesco don't give a monkeys if the supplier is making a loss on the deal (which is often the case). It's business - simple as that.

I'm still not sure why you think only a company should be able to benefit financially from a contract, but not an individual?



Yes, I'm sure any judge would see he was trying to make a personal gain, and I'm equally sure that no judge would have a problem with that.

As I have said, the law does not frown upon anyone for entering into contracts in order to benefit themselves.

There is a fundamental principle of contract law, stretching back many years, that 'consideration must be sufficient but not necessarily adequate'. In other words, the court doesn't care about "bad bargains" - they won't make a comparative economic evaluation of the consideration proffered by each party. The court is only concerned with establishing that the parties agreed on a something for something arrangement - the famous example known to lawyers is that a peppercorn in exchange for a Rolls Royce is sufficient.

Any county court judge "worth his salt" will be very well acquainted with this principle.

Great post Taxiphil - I must admit when I read posts about Tesco and abusing the points system - I always remember the free flights giveaway with hoovers!! A lot of people got fantastic free flights even though the company tried to argue that it hadn't meant it to be so freely available. I know logically that its not the same - but it always feel very similar to me lol. A case where it was Jo Public v The big Company and Jo Public won!! :T

Miss_RST

Greed. You can't beat it. (As this clawing back of points clearly shows....)

hagman_2

come on folks
surely with 12 foot banners outside most stores buy any 2 cds or dvds get 500 points.....
tv ads stating exactly the same offer (buy any 2 get 500 points) never seen the bits anywhere that said-
ps. by the way if you buy 20/50/100 etc we will remove all points.....

was legit offer... and no signs info anywhere with limits, all just buy any 2 get 500 points, so many peeps took them up on there widely public offer for the cds/dvds and the points so cant see how mr t a leg to stand on with this offer and removing points now no matter how many you bought.

regardless of his (spirit of the scheme) if keeps playing this card needs to publicy also post by the way we have point promo on curry paste at minute but only allowed to buy 2/10/50 etc per promotion:rotfl::rotfl:

some offers/glitchs like the sock points that were never there in public reality as was a glitch, we have to take that kind on the chin and except we played the game took the risk and lost.

but in no way anyone should take the cd/dvd offer on the chin

fluffybunny_2

totally agree hagman

littlereddevil

Go for it then shop elsewhere in future the robbers