No receipt = no rights ??

tinkerbell28

wealdroam wrote: »

Is that your response to my request:
?

If so, then I am sorry to trouble you further, but which law is it that states that if the buyer cannot show how much they paid it is for the seller to work it out for them?

I know the buyer has told us how much they paid, but that isn't really proof is it?

You're another confusing beyond all reasonable doubt and balance of probabilities.

Op has proof of purchase. A statement, so is entitled to a remedy under soga. That's the law. On the balance of probabilities his statement will be deemed proof. Especially with their response the court will take a dim view of tesco refusing to find the receipt and offer £5.

That part of soga, proof of purchase, is not beyond all reasonable doubt. I know you absolutely hate to be wrong or called out, but a statement is deemed proof of purchase. Which is why tesco should be offering a reasonable remedy for faulty goods.

But that's kind of irrelevant anyway as by the time it gets to claiming TESCO will "find" the receipt. Then offer a full remedy as being so obtuse and trying to diddle people who've lost the receipt, won't go far in court when it is "balance of probabilities" and the claimant has a statement.

Hintza

tinkerbell28 wrote: »

but a statement is deemed proof of purchase.

Not necessarily if you are shopping there every week and it is not a distinct separate purchase.

tinkerbell28

Hintza wrote: »

Not necessarily if you are shopping there every week and it is not a distinct separate purchase.

Yes necessarily. I had this exact problem and spend a similar amount on groceries a week.

The law is on the balance of probailities. Thus a statement is deemed a reasonable proof of purchase. The reason being is all stores now can go back and find when it was bought/what the price was on the day. It may just take a little longer. Admittedly this is more work for the retailer.

However a shop denying full rights under soga because of no receipt are breaking the law. They'll get short shrift when they have not accepted it as proof of purchase and played "ignorant" about not finding transaction.

Truepat

I do not want to hijack someone else's thread but it is maybe an appropriate place to ask the question.

I was once told that there is no requirement for a receipt to be issued therefore there cannot be a requirement to provide a receipt. Is this just an urban legend type of law or does it have some basis?

bod1467

I don't know where exactly it is stated, but you are correct - there is no legal requirement for a retailer to provide a receipt for a transaction.

bod1467

hollydays wrote: »

But you did..

Did what? Repeat? No I didn't - I simply stated that someone else had made the case so there was no need for me to retype those same words.

If you meant something different then I have no idea what.

tinkerbell28

Truepat wrote: »

I do not want to hijack someone else's thread but it is maybe an appropriate place to ask the question.

I was once told that there is no requirement for a receipt to be issued therefore there cannot be a requirement to provide a receipt. Is this just an urban legend type of law or does it have some basis?

No it's true. Sort of. Retailers don't have to issue receipts. If exchanging in store and using store policy, they can ask for one, say wrong size. If it is for a remedy under SOGA with faulty goods, they can't.

This statement explains it well. In short too

*Stores often try the "no refund or return without a receipt" line. No store has to change or refund an item simply because the owner does not like the colour. But where an item fails, shops do not have the right to demand a receipt. A credit card slip or statement or even the say-so of a person who was present when the products were purchased, are legally enough.*

Unfortunately which people don't get here. You don't have to be provided with a receipt, nor do you have to have one when an items is faulty. People are forgetting you don't need absolute proof beyond all doubt. No receipt is no excuse to not offer a FULL remedy, not £5 on an admitted duff price.

Proof of purchase as I said earlier in the thread can literally be someones word, so yours or that of your mate at the time. Imagine the horror of that for some! It's a law heavily weighted in favour of the consumer. It's balance of probabilities. A statement in court will certainly win.

So people telling him "tough luck" in uncertain terms are doing the "consumer rights" forum a huge injustice. As it is totally wrong. He could take them to court on just the word of him and his Mum.

Even good old Martin Lewis is constantly harping on about no receipts does not equal no returns IF faulty.

Twisted_Cherry

You have to fight for your rights these days.

I bought some towels from ASDA last September total cost £42. I only started to use them in December. To say they were rubbish is an understatement, they just produced grey fluff everywhere, I was constantly cleaning the bathroom of grey fluff and they drove me mad!

I returned them to ASDA (speaking to online CS first) wanting a refund claiming they were faulty I did not have my original receipts, (bought over two days!) but did have my credit card statement showing the ASDA purchases for last September.

Initially the lady at Customer Services was planning to refund me the current sale price which was just £1.50 for a bath towel from the full price of £6. I refused quoted SOGA and clearly pointed out my credit card statement was my proof of purchase.

She managed (eventually) to locate my original purchases on the ASDA computer system using the last four digits of my credit card number. She found both purchases and eventually refunded me the full amount of £42! It took her time and she was a tad awkward because CS was busy and it was a Saturday morning, but I was pushy!

There was no way I was going to accept a refund for the sale price of 9 towels I had bought from them. Even more so because the woman who called me from CS at ASDA in Leeds actually told me others had complained about the quality of these towels as well!

Sometimes you got to fight for what you want! :j

OP stand your ground and fight for the full refund. Tesco can trace the original payment they are just being lazy!

Cycrow

tinkerbell28 wrote: »

It doesn't matter what you think

It is the law that counts.

We all know a store can pretty much check back at least a year what price things were and transactions. The store is being difficult.

Secondly in the case of a faulty item. A buyers statutory rights are not affected by no receipt. They just need "proof of purchase".

It is a common misconception you MUST have a receipt to get a remedy under SOGA, proof of purchase is all that is needed. A credit card statement is usually deemed acceptable. Even if you don't think it should be.

If there is a dispute on price paid. The retailer can offer an exchange or repair. So not really open to abuse. Plus as I say a store is quite easily able to trace receipts or tell what a price was on x day.

Then if it goes to court it works on balance of probabilities. Not absolute proof. So a customer had a statement, can name a date and time, till, product, show it was sold by this store on xyz. He'd win hands down. I'd be happy to say that with confidence. Credit card statements are deemed reasonable proof.

Then there is the fact they've already offered to take it back and refund much but at a lower amount due to no receipt.

Just by doing that they've broken the law as they've denied him his statutory rights just because he didn't have a receipt. You can't do that with faulty items.

So basically, what your saying, is i can buy say a second hand or refurbished TV item online for cheap. Then take it back to say tescos to get a full refund on it, as long as i have a bank statement to say i spent money at tescos at some point
And the law would be on my side

tinkerbell28

Cycrow wrote: »

So basically, what your saying, is i can buy say a second hand or refurbished TV item online for cheap. Then take it back to say tescos to get a full refund on it, as long as i have a bank statement to say i spent money at tescos at some point
And the law would be on my side

No because that's fraud.

Don't forget that pretty much any transaction as shown above CAN be found with a little work. The stores know this. The courts know this.

If the store disputes what you say and believes this to be the case then you'd have your day in court.

A judge would then decide. Your word and statement would be your fraudulent evidence. If the retailer submits a defence and can prove none of these items were sold for around this, on this date, you'd lose and have committed an offence. They could dig back and find out the true transaction on the statement with the card no.

Proof of of purchase ultimately can be someone's word. A credit card statement is more than adequate.

The law is there designed to protect genuine consumers like op from being ripped off....it does seem an easy target. However as the lady above did. If you push the store they will "find" the receipt or upon start of action.

For duff transactions they won't find anything, so they'll have their day in court and start digging. Plus a "pattern will form" for regular criminals.

If you've got issue with it you need the govt to change consumer legislation. I don't know what else to say really.