Tesco misprice discussion area part 16

TKPeters

Unless they give me a reason how do I know its not discrimination
& can they ban you verbally?

Constantine

TKPeters wrote:

Now back to the OP
Can they ban me without it in writing & without a valid reason

Yes. Stores can ban verbally from their own premises. As has been mentioned, technically they do not need a reason. Although it seems very strange to have one but not tell you.

A ban in writing would be issued by head office and would cover all stores.

ginjim

they can ban you in any form verbal written its their shop its their private property

Constantine

ginjim wrote:

constanine? what shifts are people working over the christmas period?( i mean when the stores closed) thanks

Thats a really daft question! How the hell should I know!?!

ginjim

Although it seems very strange to have one but not tell you

its best they didnt anyway they could be wrong

ginjim

Constantine wrote:

Thats a really daft question! How the hell should I know!?!

sorry i thought you worked in tescos and knew the shift patterns

kellywelly_2

MyUserNamesTaken wrote:

The refund policy is not a part of your Statutory Rights. It could be argued that it forms part of the contract of sale, as it is a nationally advertised policy. As for Unfair Contract Terms, you should be thinking along the lines of counter-offer. If the cashier tells you at the time of purchase that the price is higher, that is a counter-offer. If you choose to go ahead with the purchase, then you have accepted the counter-offer and have not been overcharged. If the cashier does not tell you the price is different, then proceeds to charge you more than you have offered, the contract has been breached. Unfair contract terms act doesn't enter into it at all. It's a breach of contract, pure and simple. HOWEVER, this is based on Law of Contract.

The Consumer Protection Act makes it a criminal offence to give misleading price indications. If there are two prices on display for the same item, or if the wrong price is on display, then an offence has been committed contrary to the CPA. This has nothing to do with your contract with Tesco, by the way. The offence was being committed from the time a misleading price indication was given. It has to be shown that Tesco did not do everything necessary to make sure that the prices shown were correct. Due to this being a strict liability offence, no mens rea (guilty mind - intent - the knowledge that you were doing something wrong) is required. All that is necessary to be guilty of this offence is the act itself (Actus Reus). If Tesco then use "Due Diligence" as a defence, they must prove that they did all that is reasonable to avoid giving misleading price indications. This has nothing to do with the R&R policy.

Tesco's refund policy is a nationally advertised goodwill gesture on Tesco's part. In other words, they (HO, not the individual stores) can withdraw the policy at any time. It could be argued that the policy forms part of the contract of sale as an implied term, as you made the decision to form a contract of sale partly based on Tesco's price promise. As it has never been tested in a court, however, it's hard to say what a judge would think of it.

I'm not sure where you think you stand legally should Tesco choose to ban you, but I can tell you that you have no legal right to enter Tesco's property without their consent. If Tesco chooses to ban you, they do not need to give a reason. If you then choose to enter Tesco's property against the express wishes of Tesco, you will be committing the tortuous and unlawful act of trespass. Tesco can then have you legally removed from the store. If you refuse to leave, you could find yourself being arrested for causing a breach of the peace. If you then continue to trespass, Tesco can sue you or take out an injunction against you. You have no legal right to shop at Tesco.

I did not say the R&R was a right, what I referring to was the way the OP that I quoted went about trying to get their resolution because they were overcharged in the first place. What I was trying to say that as consumers they had a right not to be overcharged, a right to ask Tesco if they would be good enough to honour their R&R Policy and a right when the R&R was refused to ask Trading Standards to intervene on their behalf, all these steps were their right. Then to be banned from a Tesco store by a manager for what would appear to be involving Trading Standards is simple stupidity on Tesco's behalf. What is their next move then, ban Trading Standards from entering their store to stop people like the OP from seeking any recompense at all. No I am afraid not and I am sorry to say Tesco are not above the law in any way or for any reason and that includes managers of stores, I personally do not care wether Tesco is private property or not, there are plenty of ways that the law can protect both as a consumer and a human being, for example if I was abused in any way by any member of Tesco Staff then I would not be prevented from bringing a prosecution against that member of staff and any other person or persons from Tesco that aided that person in anyway with said abuse just because Tesco is private property.
And just in case there is any doubt, approx a year ago a 15 year boy was accused of stealing from a certain supermarket and no it was not Mr T let me make that very clear. He was stopped and and asked to empty his pockets by the security guard which a few shall we say cross words the boy eventually did, he had nothing on him. The mates that he was with then started laughing at the guard and that provoked him so the guard promptly on the spot, barred the 3 boys that were laughing from the store, he then asked the boy he suspected of stealing if he knew the other boys, he answered yes and the guard said OK then you are also banned because you associate with someone who is banned from the store. Needless to say 4 very unhappy lads, the boys mother then approached the store manager who took the stand that he would back his security guards decision and the boys would not be welcome back on that certain supermarkets property. Incensed by this the mother and the other boys mother sought legal advice, an initial letter was sent to the Supermarkets head office asking on what grounds the boys were banned, asked for all the evidence they had to support the allegations they had surrounding the circumstances that led to the boys being banned. The inititial letter made no mention of any proceedings of any kind to be bought just asked for the supermarket to present their case as to what grouds they had for taking these steps. Within a week, a reply was received offering a full apology to each of the boys and a small sum in compensation to each of the boys for the undue distress caused and of course they were free to visit their supermarket whenever they liked. Make of that what you will, but it only took 1 letter.

Constantine

ginjim wrote:

sorry i thought you worked in tescos and knew the shift patterns

Shift patterns vary depending on the individual.

There are around 450k people working for Tesco.

I'm a bit busy at the minute, I'll start the list when I have some spare time.

Do you want alphabetical or by location?

:rolleyes:

ginjim

Please be nice to all MoneySavers. There’s no such thing as a stupid question, and even if you disagree courtesy helps.

thats quoted from up the top


its just that alot of sels will be ending on 27th and these are the stores opening hours from my local
i was expecting an answer like they will be working up till 8pm christmas eve and staff will come back to work 26th
Christmas Eve 10am - 4pm
Christmas Day CLOSED
Boxing Day CLOSED
Wed-27-Dec-06 8am - Midnight

leadhead

TKPeters wrote:

I have only ever had the usual meats & beer + an £80 phone & the DAB radio's R&R'd

I never by bulk quantities (max 2 of each)

I think it will be another Clubcard & don't visit 'that' Extra Store 20 miles away for a while, as it not worth a national ban as I shop in our local Tesco everyday

You arent listening


It should be NO clubcard