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Tesco consider adding the points of discarded receipt as theft

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  • fatpiggy
    fatpiggy Posts: 388 Forumite
    Cornucopia wrote: »
    That's plausible.

    So we have a Security Guard observing the OP finding a receipt in a trolley, then following him to the CS Desk to see what the OP says...

    ...that still only gets us to an attempt to misappropriate Clubcard points.

    I'm thinking Truro must be pretty quiet if the Guard has nothing better to do.


    Probably is, its a pretty small store by current standards.

    There are some pretty weird people in Truro, believe me. Trying to gain an extra couple of Tescos points doesn't stand out as an unusual stunt to pull. One time I was walking past a car outside a terrace above the city centre and the owner(?) had the boot open and the layer of carpet on the floor up - revealing a selection of car number plates. Somehow I don't think things were entirely kosher!
  • Cornucopia
    Cornucopia Posts: 16,477 Forumite
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    I don't know why you find it so difficult to comprehend.

    People are not suggesting Tesco should have the right to determine criminal law to be administered in the courts of England and Wales. They are suggesting that Tesco have the right to set the rules of their own loyalty scheme.

    Yes, of course they do. But that's not what happened here.

    I said a while back that a more appropriate punishment would be to ban the OP from the Clubcard scheme. By alleging "theft", a defined criminal offence, and by imposing a punishment outside of the boundaries of the Clubcard scheme, I think they have over-reacted (at the very least).

    The Clubcard Ts & Cs and any interpretation of them made by Tescos would also be within the scope of the Unfair Contract Terms Act.
  • Cornucopia
    Cornucopia Posts: 16,477 Forumite
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    Depends if that customer actually makes them any money. If that customer spends their life rooting through bins (one binned receipt will be just the beginning) to get their shopping discounted to more or less nothing then I actually don't think Tesco are mad.

    How many bins would you need to root through to get free shopping?
  • Cornucopia wrote: »
    The Clubcard Ts & Cs and any interpretation of them made by Tescos would also be within the scope of the Unfair Contract Terms Act.

    Seeing they've had the same terms for ages if they were within the scope of the unfair Contract Terms Act don't you think someone or a consumer group would have acted upon it by now? They haven't that means your assumption is wrong.
    Cornucopia wrote: »
    How many bins would you need to root through to get free shopping?

    Things escalate. You can't seriously tell me you think it would only happen this once. If the op got away with it once it would happen again.
  • lucy03
    lucy03 Posts: 520 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Cornucopia wrote: »
    Yes, of course they do. But that's not what happened here.

    I said a while back that a more appropriate punishment would be to ban the OP from the Clubcard scheme. By alleging "theft", a defined criminal offence, and by imposing a punishment outside of the boundaries of the Clubcard scheme, I think they have over-reacted (at the very least).

    The Clubcard Ts & Cs and any interpretation of them made by Tescos would also be within the scope of the Unfair Contract Terms Act.

    This isn't a criminal matter (unless Tesco wished to pursue it, which I can't imagine they would), Tesco and their agents can do as they please and so the most appropriate punishment is what their local store feels protects their financial interests.

    I also personally see no relevance to the Unfair Contract Terms Act. Tesco's policy on this is clear, they don't give clubcard points on non-qualifying transactions, the details of which are in their terms and conditions. IMO that is not an unreasonable term.

    If the OP wants to make a complaint in the civil court that their contract has been breached then they can do so. But regardless of them doing that Tesco can still ban them for as long as it likes.
  • Cornucopia
    Cornucopia Posts: 16,477 Forumite
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    edited 17 August 2014 at 10:35AM
    lucy03 wrote: »
    This isn't a criminal matter...

    Once again, the allegation was of "theft". That wasn't a random term plucked from the air, it has a specific meaning as a crime. If they wish to make such an allegation, they should make a complaint to the appropriate authorities. If not, and that decision not to take things further is related to the legal or practical limitations of the case, then they should not be making the allegation in the first place.

    If what Tescos or their agent really meant was breach of the Ts & Cs, then that's what they should say.

    I don't accept, and the law does not accept that Tescos can "do as they please".

    As I have previously mentioned, I am veteran of another issue with another organisation that seems to think it can do as it pleases - TV Licensing. I don't accept it from them, and I won't accept it from any other organisation.
  • Cornucopia wrote: »
    Once again, the allegation was of "theft". That wasn't a random term plucked from the air, it has a specific meaning as a crime. If they wish to make such an allegation, they should make a complaint to the appropriate authorities. If not, and that decision not to take things further is related to the legal or practical limitations of the case, then they should not be making the allegation in the first place.

    If what Tescos or their agent really meant was breach of the Ts & Cs, then that's what they should say.

    I don't accept, and the law does not accept that Tescos can "do as they please".

    As I have previously mentioned, I am veteran of another issue with another organisation that seems to think it can do as it pleases - TV Licensing. I don't accept it from them, and I won't accept it from any other organisation.

    I still disagree. When I worked in retail many years ago, if we caught shoplifters with low value items, we would ban them from the store instead of calling the police. All the paperwork said "banned due to theft" or "banned due to attempted theft".

    If the OP didnt like the allegation, then she should have insisted on the shop called the police. Tesco can make an allegation, anyone can make an allegation.
  • gik
    gik Posts: 1,130 Forumite
    What the OP was intending is not in dispute. They have stated 'I went to the customer service with the discarded receipt to get the 2 points.' Guilty as charged
  • getzls
    getzls Posts: 761 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    I know a Security Guard, whilst working at Tesco got the sack for trying to cash in someone else's points.
  • Cornucopia
    Cornucopia Posts: 16,477 Forumite
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    edited 17 August 2014 at 10:53PM
    gik wrote: »
    What the OP was intending is not in dispute. They have stated 'I went to the customer service with the discarded receipt to get the 2 points.'

    Where can I get one of the crystal balls they are obviously issuing to Tesco's guards?

    They should stick to CCTV IMHO.

    Nice and easy, that way. See a crime involving real objects, catch criminal, alert authorities.
    Guilty as charged
    Whatever happened to innocent until proven guilty in a court of law?

    UK 2014: Guilty if deemed so in the court of Tescos. :(
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