Tesco misprice discussion area part 17

ginjim

how is it possible that tescos which employ maybe a hundred in one store who work on average 30 hours a week doing maybe 8 hour shifts that are also open 24 hours a day cant really find any overcharged items where as a lone crusader like myself can spend 10 mins in one store and find maybe a dozen over charges.


if they really wanted to correct prices its easy (but do they really want to) and let us do their job for them

merlin48

A search on "Theft Act 1968 Sections 2 and 15" may assist with arguments over legality. It could be argued that a "Deception" is being practised by the R&Rer posing as a genuine disgruntled customer. Would Tesco have honoured the undertaking if they knew that the sole intention was to secure a misprice and obtain the item for free?

It is confused by the definition of "dishonesty" which states that the act shall not be dishonest if the person has the genuine belief that they have an entitlement to the item in law.

If the R&Rer stated the true reason for the claim there would be clearly be no offence but there would be the risk that Tesco would refuse to honour the undertaking. The deeper the deception they practised, ie the more lies they told, the less they could rely on a defence of genuine belief of entitlement.

This is only one interpretation, accept it or reject it as you wish. It is, however, extremely unlikely that Tesco, the police or the Crown Prosecution Service would be willing to undertake a prosecution of a case so dependent on such a subjective decision.

It would be interesting to hear the opinion of Martin's legal advisors on the subject though

ginjim

merlin48 wrote:

A search on "Theft Act 1968 Sections 2 and 15" may assist with arguments over legality. It could be argued that a "Deception" is being practised by the R&Rer posing as a genuine disgruntled customer. Would Tesco have honoured the undertaking if they knew that the sole intention was to secure a misprice and obtain the item for free?

It is confused by the definition of "dishonesty" which states that the act shall not be dishonest if the person has the genuine belief that they have an entitlement to the item in law.

If the R&Rer stated the true reason for the claim there would be clearly be no offence but there would be the risk that Tesco would refuse to honour the undertaking. The deeper the deception they practised, ie the more lies they told, the less they could rely on a defence of genuine belief of entitlement.

This is only one interpretation, accept it or reject it as you wish. It is, however, extremely unlikely that Tesco, the police or the Crown Prosecution Service would be willing to undertake a prosecution of a case so dependent on such a subjective decision.

It would be interesting to hear the opinion of Martin's legal advisors on the subject though

please read what i said earlier

Chris123_2

Odd_Fellow wrote:

Cambs store was the first I'd seen that had removed the stickers from the Gordon Ramsey books and actually had the right SEL on the shelf.

And what did the SEL say was it £9.97 or £8.97

Was just in getting some food for later and saw that nmot only were some still there but they now ftwo rows of the books priced at £8.87.

Would have got yet another one but it was the same CS lady who gave me my xbox 260 and she stares at me each time I now go in!

cheapskate58

taxiphil wrote:

Cheapskate, I'd like to challenge you here.

I've been banging out the old chestnut below for months (and so have others).

So far not a single one of the Tesco apologists has put up a counter-argument to it. Fancy a crack at it? Go on, I dare you....



e.g. look at the misprices on Coke and pre-packed meat in all of Tesco's 1000+ stores since the start of this year. It's a biggie! Tens of thousands of people buy Coke and meat from Tesco. Only a tiny fraction of those people got the R+R on it. But the p1sspoor pricing integrity just went on, and on, and on, and more and more customers unknowingly got fleeced.

Summary: Tesco are sitting on millions of pounds which they know has been taken unlawfully and does not belong to them. In the majority of instances they even know who the money belongs to! (assuming it's a minority who always pay by cash and don't have a Clubcard). But they've chosen to keep that money. Even if they were to claim it was a massive logistical task to trace the owners of the money (which I don't think it is, as they successfully target 30+ millon people with personalised Clubcard junk mail), they could give the lump sum to charity, by way of acknowledgement that it's not theirs to keep.

Defend...

Defend what? The twisted logic of people who believe it to be morally justified to abuse a genuine consumer benefit to the point where it is withdrawn – sorry I can’t defend that!

I also find it bizarre to read that you and others think Tesco is “stealing” consumers’ money through mis-prices. There will be a balance of probabilities that Tesco will be under-charging as much as it over-charges through the same pricing errors and inefficiencies.

Undoubtedly, Tesco needs to sort out how it manages price display versus the processing of individual transactions at the till. However, to suggest that Tesco, (or indeed any other supermarket or major retailer) deliberately sets out to defraud its customers in this way is simply ridiculous.:p

siamesecats

whats an xbox 260 lol???

Chris123_2

siamesecats wrote:

whats an xbox 260 lol???

It was my special limited edition one I got at Christmas!

bilbobaggins

I noticed a newspaper reference to this site, and read up in here last night.

Today, in our local Tescos, my wife bought a cashmere sweater ticketed at £35, but manually ( red pen ) discounted to £25, scored through and re-discounted to £17.50/. The till-roll receipt (barcode scanner?) showed £25, and we raised this with Customer Services. The young woman there sought to refund the price difference, mentioning 'a recent change in policy'. I'd read somewhere on here that that change was due to be effective from 26 February and told them so. On checking 'upstairs', that was confirmed, and we were given the sweater FOC, with £35 refunded to my wife's card. So, £10 and a fine sweater up!

Many thanks, MoneySaverExperts!

'Every little helps....'

Odd_Fellow

zultan wrote:

That the 'consumer revenge campaign' isn't that noble.

Isn't it?

I think you'll find that everyone has their own reasons for doing everything.

As a journalist myself, as a consumer, as a member of society, I feel that it's time to expose the overcharging practice.

And, before anyone pipes up with comments like "why didn't you do it before the policy ended?" you're right. I wanted to reduce my household expenditure. I have, it was good while it lasted. The deeper point someone's bound to make is still "why have I not done it before and prevented other people from being overcharged?". The answer is this.

The policy is available in printed form on the walls of most stores. It is not a hidden policy and Tesco has made no secret of it. Those that are in the know or are bothered to read have been in the same boat as me since the policy was introduced and, yes, Tesco has been "bribeing" me not to bring it to the wider attention of the public. I'm as satisified with my stance on this as anyone else who's walked into a Tesco store on the lookout for items that are reported on the other threads.

If anyone else doesn't like that, that's their problem. Not mine.

merlin48

Ginjim, with over 1100 posts it is difficult to know which one you are referring to? I presume it may be your assertion that you are an "unsuspecting customer".

My last post was meant to help with doubts over legality and I did say accept it or reject it. I presume you either reject it or don't care. That is your choice and I wish you well with it!