Tesco - SOGA doesn't apply to us

one_hot_minute

malc_b wrote: »

Also to correct some bad guesses the dress was £8 not £2. It's not a big amount. And as I said we would have accept the gift card had the situation been handled better. It started with Tesco being antagonist when we were being reasonable and just saying look the dress is faulty. Also we presented the original receipt. Tesco is 25 miles away so not somewhere we visit that regularly. And it was some weeks back we tried the return. I just thought I would share it.

You caused an almighty stink for £8? In a shop where there would most certainly be something you could buy for your home / a Christmas gift?

I value my time at a far higher rate than £8. All this effort and ranting for £8 that you'd have used anyway. Gosh.

unholyangel

malc_b wrote: »

Thanks Thumbremote for the most sensible reply.

Also to correct some bad guesses the dress was £8 not £2. It's not a big amount. And as I said we would have accept the gift card had the situation been handled better. It started with Tesco being antagonist when we were being reasonable and just saying look the dress is faulty. Also we presented the original receipt. Tesco is 25 miles away so not somewhere we visit that regularly. And it was some weeks back we tried the return. I just thought I would share it.

There is no danger of Tesco not paying up in the end. They are in the wrong and yes consumer direct agrees.

Any who knows the song 16 tons might be aware that workers used to be paid in tokens that could only be redeemed at the company store. I think it was from that that the law enshrined the right to be paid in money and that tokens or credit notes were NOT the same. The consumer can opt to accept one but does not have too. If SOGA says a refund is due then as the item was paid for is the requirement unless the consumer accepts something else, such as an equivalent item or a credit note aka cash card.

First point, there technically is a danger. Tesco could send the dress for testing, if found to be faulty they could issue a partial refund and if found not to be faulty they could refuse to issue a refund. But the chances of them doing that for a £8 dress is extremely low - possibly even non-existent as the testing would likely cost more than it would cost them to provide a remedy. Personally I wouldn't expect a £8 dress to last more than a year. Call me crazy but i believe you get what you pay for (or at least you should :rotfl:) I believe its also been said by people in the law profession that in small claims cases both parties (retailer AND consumer) should act reasonably and that cases for paltry amounts are likely to be thrown out. Again, I cant see this happening as usually tesco customer service are pretty good......but theoretically.....if tesco refuse to offer a full cash refund.....in what way do you plan to make sure there is no danger of them not paying out?

As for the second part.....I'm not sure if perhaps you just haven't worded it well/I haven't picked it up well but it sounds like you're saying a refund must be given unless the consumer accepts a replacement. Not entirely true. Outside of a reasonable time, the consumer can request a repair/replacement/refund (which ever they prefer) but the retailer can refuse if disproportionately costly. No, the consumer doesnt have to accept a credit note for faulty goods. But this is not a bad thing in all cases. Often shops will give more on a credit note than they will a refund. If its a shop you use regularly, then obviously the credit note is putting you in a better position and would be worth at least consideration and not just flat out refusing because of "rights"......as it would be over and above your statutory rights when factoring in that partial refunds are perfectly legal and commonplace.

What tesco DID do wrong in this instance was to not offer at least a partial refund as an alternative. The reason for this is probably due to most people returning items when they're going shopping and knowing they can use the gift card at the tills and thus (technically) getting their refund.

As a consumer rights board we're "at war" with retailers who flout consumer laws. However, the secret (as with any war) is to pick and choose your battles so that you win the ones that are worth winning

hoppo,p

Can this thread not be closed, to stop any further bickering?

unholyangel

hoppo,p wrote: »

Can this thread not be closed, to stop any further bickering?

who's bickering?

ThumbRemote

I read If SOGA says a refund is due then as the item was paid for is the requirement unless the consumer accepts something else, such as an equivalent item as working on the basis that a refund was due, ie repair or replacement weren't going to happen. Thus the consumer can accept a gift card / alternative item of clothing / bag of pick and mix, but in this case it is down to the customer to choose.

(Albeit in this case there could still be a breach of statutory rights, if the store is not giving the outright choice. The customer should not have to specifically request a refund. The store may offer a cash refund or a gift voucher, but they should make it clear there is a choice, not offer the gift voucher as a refund initially until the customer states they want cash).

ThumbRemote

hoppo,p wrote: »

Can this thread not be closed

I agree, please do not close this thread. Or is that not what you meant?

unholyangel

ThumbRemote wrote: »

Thus the consumer can accept a gift card / alternative item of clothing / bag of pick and mix, but in this case it is down to the customer to choose.

:rotfl::T:rotfl::T

ThumbRemote wrote: »

I agree, please do not close this thread. Or is that not what you meant?

Funny how sometimes 2 things can mean the exact opposite of each other, depending which way it is read

timbstoke

Just so we're clear:

- A 5 month old summer dress was being returned, well into winter, but is still well within the 'reasonable time' for rejection
- Tesco offered a full refund, in the form of a gift card
- OP refused, even though he would have immediately spent the gift card.

So as far as I can tell:

- Tesco were technically not acting within SOGA by not agreeing to a cash refund, although had they been as pedantic as the OP, they could have insisted on sending it away before offering a partial refund.
- Since one of the basic maxims of the legal system is that "the law does not concern itself with trifles" (I know this is a dress rather than a dessert, but let's bear with it ), the OP is not and was not ever going to get any further with his quest than Tesco had already offered. Complaining to head office may well result in...a gift card, but that's what he was offered anyway.
- The OP was being awkward for the sake of principles and bloody-mindedness.

Have I pretty much covered everything here?

somethingcorporate

timbstoke wrote: »

- A 5 month old summer dress was being returned, well into winter, but is still well within the 'reasonable time' for rejection

Wrong, it would not be within the time for rejection under SOGA.

You'd be hard-pushed to find anyone that would suggest 5 months is a 'reasonable' amount of time to outright reject. I would go with a week, possibly two, depending on what it is for normal clothing.

timbstoke

somethingcorporate wrote: »

Wrong, it would not be within the time for rejection under SOGA.

You'd be hard-pushed to find anyone that would suggest 5 months is a 'reasonable' amount of time to outright reject. I would go with a week, possibly two, depending on what it is for normal clothing.

I agree, but the OP (and a few others) seem convinced that this is absolutely fine.