Tesco misprice discussion area part 17

mikeywills

ginjim wrote:

well not getting as much as a golden i guess

I've always thought second best was overrated!!!:D

Odd_Fellow

Hermann wrote:

Difficult to know without seeing the wording but I not sure the law would see it that way.
The price sold is the price sold.
The compensation is compensation.

The store must comply with the law in regard to the sale price.

The compansation is a voluntary addition to the contract made at the till.

As an example if I take Tesco to court for a £100 refund they refused to give me and the court finds in my favour I get the £100.
If the court also awards the costs this is in addition to the £100 not taken as part of the £100 you're already getting.

Also if I claim £25 compensation for my time in court and it is awarded this is paid in addition to the original £100 and is not considered to be part of the £100.

All depends on the wording I guess.

opps - pressed thanks by mistake - sorry/.

To clarify this;

£100 court claim would be Small Claims - almost certainly unless there are exceptional circumstanced that would need to push it onto fast-track or multi-track. Small Claims courts rarely allow for compensation figures to be added to claims - the whole essence of SC is to make it simple for a plaintif to take a defendant to court.

What you can claim is: Your Court Fee, any Allocation Hearing Fee and Interest at 8%. It is highly unlikely that an award for costs would be lodged in small claims.

I'm not at all sure I follow the rest of the posting.

Odd_Fellow

Hermann wrote:

Out of interest ... with regard to the current R&R policy.

At which point in the process do you consider the "correct" price to have been charged.

eg £9 SEL £10 charged.

£10 refunded. Customer gets item for free as compensation.

The customer got compensation, a free product, but when was the correct price charged?

I think you're getting hung up on terminology. It's not a question of whether there is a "correct" price or not. It's a question of being charged the lowest price advertised or advised, however this occurs. To suggest there is a correct price leads rise to the debate that has already happened here.

When at a CSD, you want to avoid such a debate. It's black and white at the CSD - was the lowest advertised price charged or not?

Kaos_2

Well, I promised to go back and try to get a photo of the new sign in my local store... I managed it... and got followed by security for the next ten minutes so hope you guys appreciate my effort!

FloFlo

Seeing that many CS are still claiming not to be aware of the refund and retain policy it could be many years before they notice the new policy has come in.

Odd_Fellow

Kaos wrote:

Well, I promised to go back and try to get a photo of the new sign in my local store... I managed it... and got followed by security for the next ten minutes so hope you guys appreciate my effort!

Much appreciated. Tesco don't like you using cameras in their stores ! I've been threatened with being ejected before!

Anyway - As I see it, this is open to intrepretation. It's not cut and dried in any way.

It could be easily argued that you get the difference back and then double the difference as it clearly states at the bottom that our statutory rights are not affected. Our Stat Rights are to be charged the lowest price, so lets start with getting that bit right and then double the difference, please Mr T.

I can imagine more stickers and boards being done soon with proper wording that actually clarifies the policy.

ben500

I think some of us will have a little fun

Constantine

Odd_Fellow wrote:

Much appreciated. Tesco don't like you using cameras in their stores ! I've been threatened with being ejected before!

Anyway - As I see it, this is open to intrepretation. It's not cut and dried in any way.

It could be easily argued that you get the difference back and then double the difference as it clearly states at the bottom that our statutory rights are not affected. Our Stat Rights are to be charged the lowest price, so lets start with getting that bit right and then double the difference, please Mr T.

I can imagine more stickers and boards being done soon with proper wording that actually clarifies the policy.

For the difference it makes, I really can not see myself getting in to an argument over that.

Kaos_2

It's the sort of thing I might argue if a CSA really managed to annoy me, but I doubt I'll find the energy, lol.

Odd_Fellow

Constantine wrote:

For the difference it makes, I really can not see myself getting in to an argument over that.

But it could make a lot of difference - the chap with the flowers for instance.

£5 over charge and then double the difference - That's £15 back, per bunch.