MFI breech of contract?? Where do I stand?

matty_hunt

Hi.
I hope someone can give me some advice here as MFI have screwed me!

As I am sure most of you will know, tesco vouchers can be changed into MFI vouchers at a 1:4 ratio. Great money saving! I recently went to mfi to get a new kitchen and asked about using the tesco vouchers. The terms and conditions state that only vouchers in the tesco cardholders name can be used. However, I noticed that tesco vouchers could be brought on ebay so I went to my local mfi and asked if i could use vouchers with multiple names on without the tesco club card, as that was the only way I could fund the new kitchen. The answer was yes. (dispite the T&Cs) I went away feeling very happy that I was about to save a stack of cash by buying off ebay. Yet it all sounded too good to be true. So I went back the mfi and asked a different person who also said yes. Not taking this lightly I asked the salesperson to ask the store manager to double check. He also confirmed they would take the vouchers even though it was not my name on them. I went ahead and booked a planning consultation and finalised a price. Again i asked about the vouchers and this, a different assistant, said no problem. This time I asked them to get the store manager to sign the paper with the t&cs on highlighting where it had the clubcard only clause. So, armed with the signed t&cs allowing me to use multipy tesco vouchers I purchased tesco vouchers costing me £740 off ebay equating to £1695 in mfi vouchers (in 8 different names). I returned to mfi, placed my order and was about to pay using the vouchers when I was told that I couldnt. On production of my signed letter I was told that the manager had changed his mind, due to people buying off ebay.
So, my questions are, where do I stand? Is the store manager not in breech of contract as I have a signed letter stating I can proceed with using the vouchers? What do you think? Any help or advice would be much appreciated.
Thanks, Matt

jobbingmusician

Sounds like the manager lives in a different world. Who can believe that MFI, who deal with Clubcard vouchers every day, have only just realised that people buy and sell these vouchers on Ebay!

I imagine that your objective is to get an MFI kitchen, rather than to sue MFI. I think you would have a case against MFI based on what you have said, but imagine that the time and trouble suing them would be hardly worth it. Plus see below.

I suggest you go back, speak to the manager, and ask if your purchase can be put through in separate batches so that each batch has only one name against it as far as CC vouchers are concerned. Point out that it is HIS problem (I assume it is a he ) to reconcile any additional charges (for not spending £1500 in a go to get any special offers, things like that). THat's what 'managers' specials' are for. Putting it through in separate batches will help him to avoid any problems with head office. Suggesting this will show that you are a nice considerate customer who is trying to avoid taking him to small claims court.

THe only problem with actually going to court is that it might be considered that you are using the vouchers fraudulently.....

Plan no. 2 would be to get some friends and relatives to buy in batches using the other 7 names on the CC vouchers...

code-a-holic

I was in mfi today using my tesco vouchers. I was told MFI treat them as cash so dont care what name they are in.....have you tried at another store?

matty_hunt

jobbingmusician wrote:

THe only problem with actually going to court is that it might be considered that you are using the vouchers fraudulently.....

---

Have just thought, if I had to go down the court road, since I would be using the vouchers against mfi policy and that the manager had sign a letter contravening mfi policy would I not be taking the manager himself to court, not mfi since mfi itself has done nothing wrong? Does anyone have a rough idea how much it would cost to claim back £740?

Also, I would love to hear from anyone else who has had no problem using vouchers not in there own name, and did you not have to provide the clubcard to confirm the voucher name?

I am going to go back to the manager and have a word with him about all of this maybe tomorrow or tuesday but I would love as much antidotal evidence and all the legal advice I can get.

many thanks

jonesMUFCforever

The vouchers are issued by Tesco - it is in their terms and conditions that you can only use ones issued in your name.
If you do go down the court road I fear you will lose.
Tesco will rely on their T&c so will MFI and they will tell you that their manager acted outside of his powers.
So as I see it - you only way out is to persuade the manager to do something for you.

Merlin_of_Altofts

Don't consider the court option as it would fail on legal terms and could then saddle you with a considerable expense.
Think out your options carefully and consider a good chat with the manager to explain your situation and to hear his. He may be able to suggest something appropriate and after all, a sale is a sale to him, providing he is not going to drop himself in bother.

matty_hunt

I dont know the law but I thought it maybe an open and shut case. I have a signed letter stating the manager will accept any voucher and now he says he will not. Is this letter not basically a contract which he is now not honoring? Thus he is in breech of contract? I assumed he either would have to honor it or reimburse the outlay I have made due to his original agreement.

Big_Momma_3

I would advise going down the 'being nice' route - as ranting and raving only causes people (any people) to dig their heels in further. I would try another store if all else fails - but appeal first to the human aspect of conducting business...
It would be great to see that win in the end - rather than complaints!

Woby_Tide

given you've breached the clubcard terms and conditions I guess going to court then opens you up to a counter claim for fraud and obtaining goods by deception brought about by MFI and Tesco regardless of what the individual manager signed

jonesMUFCforever

matty_hunt wrote:

I dont know the law but I thought it maybe an open and shut case. I have a signed letter stating the manager will accept any voucher and now he says he will not. Is this letter not basically a contract which he is now not honoring? Thus he is in breech of contract? I assumed he either would have to honor it or reimburse the outlay I have made due to his original agreement.

If the manager acted ultra vires (that is the legal term) which means 'out of his power' then IMO you will not win in a law court.
MFI's defence will be this for sure - and they will win on this + the fact that Tesco's T&C also is against you. I'm afraid that you bought those extra vouchers at your own risk.

Mikeyorks

Post #10 is wholly correct. The manager acted outside his jurisdiction and the 'signed' piece of paper you have is pretty valueless. The very fact you asked him to sign it sets you up for a counter claim - as you knew you were asking for something MFI say they do not do!

Go back and negotiate - carefully?