Tesco consider adding the points of discarded receipt as theft

SpammyTheSpammer

You can then add as many green points as you feel like....

trukdiver

General_query wrote: »

Tesco don't care.

Just got my latest clubcard "statement" to be horrified to see I have only been given 1 green point in the last quarter for using my own bags when shopping :mad:

I shop there every fortnight, £30+ spends and always use my own bags, the staff on the tills just never give you points for using your own bags.

I complained about that once and was told you had to re-use a Tesco bag. Other supermarkets bags or your own bag didn't count!

Edwood_Woodwood

powerful_Rogue wrote: »

This would have caused loss to Tesco as the OP did not make a purchase to earn those points.

There is no loss to Tesco.

The points are awarded by Tesco as a reward to shoppers for loyalty, this is their own business decision to do this.

Whether the original shopper, or the OP, claimed these points is quite academic, Tesco factored in a 2 point giveaway on, I presume, a £2 purchase.

This is their business model.

If Tesco rewards do not work and causes Tesco a loss year after year then it would be safe to say they wouldn't run the scheme.
Instead, it has run for many years and is very successful.

I believe Tesco would have a very difficult time trying to convince a court that they had suffered a loss when, by their own business model, they expected to giveaway the 2 points in any event.

For eg, if I found a promotional chocolate bar wrapper that Cadbury had run recently discarded in a trolly at Tesco that stated inside "Instant win of a free bar of chocolate" then I would not be committing a fraud if I then redeemed that instore.

I would simply be claiming a free chocolate bar that Cadbury had already expected to be redeemed as it was their business decision to give x amount away free.

It wouldn't matter whether I, or the original purchaser, redeemed it.

Edwood_Woodwood

powerful_Rogue wrote: »

The security guard was correct. Its classed as Fraud by false representation.

No it isn't.

If I shopped at Tesco for, example, my father, who didn't have a Tesco clubcard, but his order came to £50 and I presented my own Tesco clubcard to benefit from "his" points then that is not a fraud, or a theft.

I am simply benefiting from a loyalty scheme that Tesco has chosen to use as part of their business, essentially a giveaway.

Do you think I would be prosecuted for walking past an Estate Agency and picking up a "free" property mag they often have stacked outside to give to someone else, another giveaway?

shaun_from_Africa

Edwood_Woodwood wrote: »

It wouldn't matter whether I, or the original purchaser, redeemed it.

It would matter if the terms of the offer stated that the free chocolate was to be claimed by the original purchaser.
If this was the case and someone else tried to claim the freebie, they would be committing fraud.

Just because there is no loss to the company concerned doesn't mean that an illegal fraudulent act has not occurred.

Edwood_Woodwood

shaun_from_Africa wrote: »

It would matter if the terms of the offer stated that the free chocolate was to be claimed by the original purchaser.
If this was the case and someone else tried to claim the freebie, they would be committing fraud.

Just because there is no loss to the company concerned doesn't mean that an illegal fraudulent act has not occurred.

Ok, so what if the t&c's did not state what you say? It would still be a free chocolate bar wrapper that was discarded in a tesco trolly.

Just like the tesco receipt where there are no t&c's stated on that receipt to not allow what the OP has done and which I believe, by law, should be stated on it to prohibit it.

It is not enough for a tesco security guard to just say it isn't allowed.

The important point is this, whether it was the original purchaser or the OP claiming the points appears to be irrelevant, Tesco expected to credit 2 points to somebody anyway.

There is not a loss, and whoever gained matters not in this instance.

It is certainly not an illegal fraudulent act, at best it would be a breach of Tesco's own t&c's, purely a civil matter.

And that is only if this type of instance is actually prohibited by tesco, which I've yet to see proved.

shaun_from_Africa

Edwood_Woodwood wrote: »

The important point is this, whether it was the original purchaser or the OP claiming the points appears to be irrelevant, Tesco expected to credit 2 points to somebody anyway.

There is not a loss, and whoever gained matters not in this instance.

It is certainly not an illegal fraudulent act, at best it would be a breach of Tesco's own t&c's, purely a civil matter.

How many times must it be said.
There does not have to be a loss for it to be fraud. All that is needed is for a gain to be made by someone who is not entitled to that gain.

If someone is claiming points that come from a purchase made by another person, it is illegal.

Fraud act 2006

2. Fraud by false representation.
(1)A person is in breach of this section if he—
(a)dishonestly makes a false representation, and
(b)intends, by making the representation—
(i)to make a gain for himself or another, or
(ii)to cause loss to another or to expose another to a risk of loss.

A minor breech of the fraud act, but a breech none the less.

Just like the tesco receipt where there are no t&c'sstated on that receipt to not allow what the OP has done and which I believe, by law, should be stated on it to prohibit it

Do you really expect the full terms and conditions of the clubcard scheme to be written on every receipt?
They are written on the website and any applicant has to tick a box to state that they have read and agreed to the terms and one of those terms is that clubcard points are not transferrable between members.

wealdroam

Edwood_Woodwood wrote: »

The important point is this, whether it was the original purchaser or the OP claiming the points appears to be irrelevant, Tesco expected to credit 2 points to somebody anyway.

Regardless of anything else you may've said, I would suggest that this is not what Tesco expect.

Tesco expect some customers not to have a Clubcard. They would be naive to think otherwise.
Of course I don't know how many they expect in that category, but a number of 'issued Clubcard points', for want of a better phrase, will not be credited to a Clubcard account.

Edwood_Woodwood

shaun_from_Africa wrote: »

They are written on the website and any applicant has to tick a box to state that they have read and agreed to the terms and one of those terms is that clubcard points are not transferrable between members.

For goodness sake!

The clubcard points were not transferred as they were not claimed for in the first place!

One would have to claim them first to be able to transfer them!

Rather, what has happened is that the OP claimed 2 "unclaimed points" from a receipt discarded in a trolly.

Tesco's t&cs does not specifically prohibit this, read them.

The "gain" is irrelevant, Tesco expected to give away 2 points.

Tesco points are a giveaway, a freebie, a commercial gimmick that obviously works.

Further, the t&cs state that points have no value anyway, until converted into vouchers.

Your supposed "gain" is a gain of what Tesco state is of no value even!!

Give me strength.

http://www.tesco.com/clubcard/help/terms-and-conditions/#updated_general

Edwood_Woodwood

wealdroam wrote: »

Regardless of anything else you may've said, I would suggest that this is not what Tesco expect.

Tesco expect some customers not to have a Clubcard. They would be naive to think otherwise.
Of course I don't know how many they expect in that category, but a number of 'issued Clubcard points', for want of a better phrase, will not be credited to a Clubcard account.

No, what you suggest is a different scenario.

Clubcard is obviously a very successful gimmick and we can only suppose how Tesco factor in the cost of points on every purchase.

However, it appears to be a penny for every £ spent.

Therefore, I would assume that Tesco take the default position that for anything priced at a pound, they get 99p, minus the penny for a point.

Of course not everyone has a clubcard and not everyone always collects their points even if they do have one.

However, I would suggest Tesco still expect every sale to be liable for points and it is just a bonus if some customers do not claim them.

I stick by my logic.