Cashback & Debit Transactions

mymindtoyourmind

Hello
Does anyone know the legality and consumer rights on the following.

A supermarket is demanding that you sign the reciept before handing over money requested as part of cashback when paying with a debit card, even though you have already authorised the transaction via the terminal.

For example, you buy £30 of food and ask for £10 cashback. Using a debit card you enter you pin & authrise a debit of £40. The checkout assistant refuses to hand you the money until you sign the debit card receipt.

Can they legally do this after you've already authorised the transaction.

I understand that they may be just wanting to safeguard themselves against customers who claim they didn't receive the cashback, but in the same token how can I sign for something I've not been given yet?!!

:think:

geordie_joe

mymindtoyourmind wrote: »

Can they legally do this after you've already authorised the transaction.

Yes, on the basis that this is a free country, meaning everything is legal until there is a law making it illegal. I doubt you'll find a law that says they must hand over the money before you sign for it, so yes, they can legally ask you to sign for it first.

Edit: And you can legally ask to be given the money before you sign to say you received it. But then they can legally refuse to give you the money until you sign for it.

arcon5

geordie_joe wrote: »

Yes, on the basis that this is a free country, meaning everything is legal until there is a law making it illegal. I doubt you'll find a law that says they must hand over the money before you sign for it, so yes, they can legally ask you to sign for it first.

Maybe so.

But op poses a valid question. At the point of being asked to sign they have authorised the transaction and you have made payment to them.. so could you consider this to be the point in which a contract is formed? I've never seen a sign saying cashback must be signed for so could it be considered to be changing the terms of the transaction afterwards? Or would it be implied that a signature is required before receiving the cash?
Also if you refused to sign what would happen? I imagine they would just refund the £10, but could this be considered a breach of contract?


However, despite all that -- just sign the poxy receipt and get your cashback!! They are merely trying to safeguard themselves from being scammed.

brightonman123

maybe done to cover staff, to stop cash going untraced?

geordie_joe

arcon5 wrote: »

Maybe so.

But op poses a valid question.

I know, and one I have put to many a storeman just to wind them up. They ask you to sign for something, you say you can't sign because you haven't got it, they say you are not getting it until you sign.

They are just covering themselves, they are responsible for something, in this case money, and they will not hand it over until they have proof of where it went.

arcon5 wrote: »

At the point of being asked to sign they have authorised the transaction and you have made payment to them.. so could you consider this to be the point in which a contract is formed? I've never seen a sign saying cashback must be signed for so could it be considered to be changing the terms of the transaction afterwards?

No, the signature is just to prove the contract has been completed and you have the money. Asking for a signature to prove a contact has been completed could never be seen as changing the contract.

arcon5 wrote: »

Also if you refused to sign what would happen? I imagine they would just refund the £10, but could this be considered a breach of contract?

Well you wouldn't get the money, but I doubt it would be a breach of contract. You don't actually have a contract with them, all you have don't is asked them to give you cash out of their till and request the money from your bank, you have then authorised the transaction with your bank by entering your pin.

They don't have to sell you anything if they don't want to, and they don't have to take cash out of their till and hand it over to you if they don't want to. They are doing you a favour if they do it, not fulfilling a contract.

arcon5 wrote: »

However, despite all that -- just sign the poxy receipt and get your cashback!! They are merely trying to safeguard themselves from being scammed.

Exactly, they are responsible for the money and they won't part with it until they have proof of where it went to. So just take the easy, and sensible route and sign for it.

Only a fool tries to be a clever b*gger with the person who is holding their money, or money that would be theirs if they act sensibly.

arcon5

No, the signature is just to prove the contract has been completed and you have the money. Asking for a signature to prove a contact has been completed could never be seen as changing the contract.

Fair point

Well you wouldn't get the money, but I doubt it would be a breach of contract.

At what point is the contract formed, because...

They are doing you a favour if they do it, not fulfilling a contract.

The cashback forms part of the contract of sale, whether there is a charge or not.

So you go to the till, make your offer (the goods + cashback), they accept and take payment. So maybe this could be considered to point a contract is formed.
So if they now refuse to give you cash.. why wouldn't this be breach of contract?

Exactly, they are responsible for the money and they won't part with it until they have proof of where it went to. So just take the easy, and sensible route and sign for it.

Only a fool tries to be a clever b*gger with the person who is holding their money, or money that would be theirs if they act sensibly.

I agree & understand why they do it.

A thread recently was a woman who took a parcel from a courier delivery driver, closed & locked the door and refused to sign for it. Supermarkets don't care for these kind of idiots.

bris

Cash back is a courtesy service, either follow their rules or don't ask for cash back, what's all the fuss about a signature?

Forwandert

At my old company the till staff had to do this however the company changed it so the cashier initialled the cashback slip which made a little more sense. They basically signed to say they had given the cashback to the customer.