Tesco consider adding the points of discarded receipt as theft

lucy03

Cornucopia wrote: »

There is no gain. The points are worthless.

And in the OP's case, there was no representation...

Or as the legislation requires:

"(a) [He...] dishonestly makes a false representation, and"

No on both counts.

(i) It is ridiculous IMO to claim that clubcard points have no worth, they clearly do. That can be reductions off shopping or using vouchers for other things. The value you are referring to relates to separate legislation where points are assigned a monetary value and has no relevance here.

(ii) The legislation has provision for intending to make a representation. If you obtained 100,000 Clubcard points in this manner that act in itself would potentially be against the Fraud Act, you'd have to try and explain why else you'd be collecting them if it wasn't for exchanging them. You also couldn't forge a load of receipts to claim Clubcard points even if you hadn't even tried to present them.

lucy03

Cornucopia wrote: »

Has anyone informed Halford's or Morrison's, or even Sainsbury's?

Yes... but it would be nice if they exercised that power with fairness, and if they didn't make legally questionable accusations whilst doing so.

Again no. A venue can ban who it likes without giving any reason for doing so. There are some restrictions under discrimination law but there is absolutely nothing legally questionable. It is their store and they can ban everyone who legitimately claims Clubcard points if they wish.

lucy03

prowla wrote: »

Well, the question is whether those points were specifically awarded to the original purchaser, or whether they could pass them on and whether in discarding them they implicitly did so to whoever found them.

If the points were for a cash purchase, then there is no particular proof of a contract with a particular customer, and so they are up for grabs IMHO.

Of course, you might take the receipt away and claim them when you return another day...

What do Tesco's T&Cs say?

Tesco are clear in their terms and conditions that they can't be claimed. There is no implicit transfer here, Tesco state they can't be transferred.

There has to also be intent which can be reasonably proven. Someone claiming 2 Clubcard points is hardly going to end up in court but someone who has obtained thousands of receipts might well do.

prowla

I couldn't find Tesco UK, but Tesco Ireland state:

2. What do I do if I've forgotten to bring my card on a shopping trip?
Please try to remember to bring your Clubcard with you each time you shop - if you do forget it, simply present your receipt (maximum of 2 receipts at any one time) along with your Clubcard within 2 weeks of your visit and we will be happy to award the points to your account. This service is provided at the discretion of Tesco Ireland.

If it's a cash receipt, nobody would have a way of knowing who made the purchase.

prowla

lucy03 wrote: »

Tesco are clear in their terms and conditions that they can't be claimed. There is no implicit transfer here, Tesco state they can't be transferred.

There has to also be intent which can be reasonably proven. Someone claiming 2 Clubcard points is hardly going to end up in court but someone who has obtained thousands of receipts might well do.

Where do they say that?

It is also possible to transfer clubcard points to another person, as I've done it before.

meer53

Does anyone really care anymore about this ?

gik

prowla wrote: »

Where do they say that?

It is also possible to transfer clubcard points to another person, as I've done it before.

Is it also possible to ask a question before you commit to buy on ebay? Would it be better to ask the question before buying rather than after you had bid and agreed to buy?

Edwood_Woodwood

lucy03 wrote: »

Tesco are clear in their terms and conditions that they can't be claimed. There is no implicit transfer here, Tesco state they can't be transferred.

There has to also be intent which can be reasonably proven. Someone claiming 2 Clubcard points is hardly going to end up in court but someone who has obtained thousands of receipts might well do.

You really need to read Tesco's t&c's and the original post of this thread again.

There was no transfer between customers of points.

There was, instead, an unclaimed, perhaps unwanted, receipt of 2 points left in a trolly which the OP attempted to claim himself.

Absolutely nowhere within Tesco's t&cs do they specifically address the issue of unwanted points. Why would they? If one has a card to collects points why wouldn't one use it?

A breach of a contract term cannot happen if in the first instance there is no term that specifically prohibits it.

Yes, of course, there is a term that states only the original purchaser can claim their points but there are no terms regarding unwanted points, it is not addressed by Tesco.

The points have not been transferred, they have been discarded.

This is the salient point you appear unable to grasp.

Edwood_Woodwood

lucy03 wrote: »

Again no. A venue can ban who it likes without giving any reason for doing so. .

Again, incorrect, regarding this particular incident.

Tesco did give a reason.

Discarded/unwanted points are not mentioned at all by Tesco in their t&cs.

However, one could argue that the OP has attempted to abuse the clubcard scheme and Tesco's response to this, in their t&cs, is that they may withdraw/cancel the offender's clubcard.

Instead, Tesco did not follow their own t&cs regarding this alleged transgression and what their penalty should have been and marched the OP to a back room, called him a thief and banned him from the store.

This was far more severe than what they themselves state they may do and, indeed, I would suggest quite unlawful.

Edwood_Woodwood

lucy03 wrote: »

No on both counts.

(i) It is ridiculous IMO to claim that clubcard points have no worth, they clearly do. That can be reductions off shopping or using vouchers for other things. The value you are referring to relates to separate legislation where points are assigned a monetary value and has no relevance here.

We are not talking of "clubcard points" in their entirety.

We are specifically discussing 2 clubcard points and which is what this thread is all about.

2 clubcard points are worthless as 2 points cannot be exchanged for 2 pence from Tesco. One has to amass a minimum 150 points to get any monetary value (£1.50).

If these 2 points were never added to and the balance remained at 2 points on this card then they would be forever worthless.

In any case, Tesco themselves declare that points have no value until converted into vouchers so why you feel you can overrule Tesco and their clubcard scheme is beyond me.