Tesco misprice discussion area part 17

taxiphil

gwapenut wrote:

Sorry if this is the wrong thread - slightly related to the legal discussions but not R&R.

What is the legal situation if Tesco promises 1000 clubcard points in return for something, but fails to credit those clubcard points even after 3 months of phone calls / emails and when they have a clear cut obligation to do so?

I'm about to escalate something and would like to know about the legalities - where points, rather than goods or sterling are involved, is it still a criminal offence and what law / act has been infringed?

Thanks for any help or redirection!

To put it simply, they're in breach of contract. It's not a criminal offence but it's a breach of civil law which you resolve by claiming in the County Court.

The points do have a value in law because it states in the Clubcard T+Cs that "1 point equals one penny".

I've got previous experience in this area because they failed to credit me with bonus points on a wine code they sent me last year. I too went through several months of being fobbed off, false assurances, crappy excuses, etc.

I sued in the County Court online (https://www.moneyclaim.gov.uk) and Tesco immediately paid up the cash equivalent after the claim was issued. It was very quick and painless.

Two key points to remember:

Sue for 4 times the value of the points (i.e. 1000 points = £40) because this is what Tesco made you believe the points were worth in the form of Deals, e.g. part payment towards your next holiday or whatever.

If it relates to points from a voucher where you had to enter the code online, which I suspect it does, make sure you've got a hard copy of the original voucher, and check the T+Cs on the back - it should say that points are credited on your next statement, which I suspect they have not been.

Even if you haven't got that, you can rightly argue that 3 months and numerous phone calls / e-mails is not a reasonable length of time to wait, and I'm sure any court would agree with that.

Send them a letter by recorded delivery to Tesco Stores Limited, Corporate & Legal Affairs, New Tesco House, Delamare Road, Cheshunt, Herts EN8 9SL telling them you're giving them 14 days to send you Clubcard vouchers to the value of £10.00, or a cash alternative of £40.00, otherwise you'll issue a claim in the County Court. And don't let them fob you off any further.

louise_1981

Hey_Dude wrote:

Hi.

Read post number 2 - the re-read your post.

Two valuable lessons.

1. You were greedy - 3 joints of the same meat - you may argue but from a 'reasonable' point of view this is not the pattern of an average joe going shopping.

By being greedy you have popped up in the CS radar as a R&Rer and not a wronged shopper!

2.Attitude - was it really worth losing it over some free meat? What about the mobile/laptop/console that's mis-priced at that store next week?

Think about it - low profile = more R&Rs = a happier you!

By all means argue for the biggies - but know when to walk away....

Duder

I have to agree. It is all about the attitude. Had a similar problem on a joint of beef at the weekend. As I had already got a chicken r&rd and some cat food (which I would have normally bought) , I left it, making them feel happier, got home and e-mailed CS. Got a reply today full r&r in the post! I am happy, they are happy. r&r lives on!!!

Louise

A_little_stressed!!

Dude, I bet they always know its you :

"Dude, you have totally mispriced my air guitar! I wna bodacious refund as this aint rockin!!"

Hey_Dude

A_little_stressed!! wrote:

Dude, I bet they always know its you :

"Dude, you have totally mispriced my air guitar! I wna bodacious refund as this aint rockin!!"

Psst - that's the wrong Dude

gari189

A_little_stressed!! wrote:

Dude, I bet they always know its you :

It's easy for CS to spot the Dude - just look for the flowing robes, sandels, halo, shades, the beam of sunlight that enlightens him and the R & R disciples who follow humbly in his footsteps chanting "we're not worthy"..........

Or you could look for someone in a stripey tank top!!

Constantine

gari189 wrote:

It's easy for CS to spot the Dude - just look for the flowing robes, sandels, halo, shades, the beam of sunlight that enlightens him and the R & R disciples who follow humbly in his footsteps chanting "we're not worthy"..........

Or you could look for someone in a stripey tank top!!

Withnail. Has to be.

Plushchris

gari189 wrote:

It's easy for CS to spot the Dude - just look for the flowing robes, sandels, halo, shades, the beam of sunlight that enlightens him and the R & R disciples who follow humbly in his footsteps chanting "we're not worthy"..........

Or you could look for someone in a stripey tank top!!

He will also be drinking milk while walking around the store and driving a car that a tramp has taken a crap in! (having stolen his credence tapes)


Fighting with the CS nihilists then getting an "in and out burger"

marymilkmaid

Nice to see you back plushchris

:j :j :j

leadhead

louise_1981 wrote:

I have to agree. It is all about the attitude. Had a similar problem on a joint of beef at the weekend. As I had already got a chicken r&rd and some cat food (which I would have normally bought) , I left it, making them feel happier, got home and e-mailed CS. Got a reply today full r&r in the post! I am happy, they are happy. r&r lives on!!!

Louise

Dont want to put a complete downer on this Louise, but have you been back in the store again, for another RandR, as I'll be surprised if they just leave it like this.

I have read of people being banned for less than this, on their next visit.

They dont like people "getting one over on them"

honest_geezer

DrFluffy wrote:

That's not illegal at all... Outside of Tesco's R&R pledge, a store does not have to honour a miss priced item at the miss priced price...

From discussions with TS I don't believe this to be true. If you see an item at x price in a store and you are charged a higher price then they have broken the law. In the first instance they do not have to serve you, but once mnoney has changed hands and then they have a contract with you and if they have charegd you a higher than advertised price then they have thus broken the law. Unless TS is wrong?