Tesco consider adding the points of discarded receipt as theft

Edwood_Woodwood

lucy03 wrote: »

Tesco did follow their own terms and conditions, they banned the person from their store. They are entitled to say that the person has intended to steal Clubcard points which were not theirs. .

This is simply not true!

Absolutely nowhere in Tesco's clubcard t&cs do they mention any banning from their stores regarding any transgression with a clubcard.


Tesco may decline to issue, withdraw or cancel Clubcard accounts, cards, key fobs, coupons, vouchers and points, in whatever form, and / or remove a member from the scheme at any time where there is reasonable belief of:

any abuse or attempted abuse of the scheme;

any breach or attempted breach of these terms and conditions and / or those relating to the optional elements of the scheme;

any behaviour relating to Clubcard or the Tesco Group that involves theft, misconduct, abusive or offensive behaviour, or supplying false or misleading information.

Even if it were a theft the only penalty Tesco may impose is to withdraw/cancel the OP's clubcard.

Instead he was banned from the store.

An excessive punishment that is not in the contract between retailer and customer for a clubcard transgression.

This simply cannot be ignored or excused.

wealdroam

Edwood_Woodwood wrote: »

This is simply not true!

Absolutely nowhere in Tesco's clubcard t&cs do they mention any banning from their stores regarding any transgression with a clubcard.


Tesco may decline to issue, withdraw or cancel Clubcard accounts, cards, key fobs, coupons, vouchers and points, in whatever form, and / or remove a member from the scheme at any time where there is reasonable belief of:

any abuse or attempted abuse of the scheme;

any breach or attempted breach of these terms and conditions and / or those relating to the optional elements of the scheme;

any behaviour relating to Clubcard or the Tesco Group that involves theft, misconduct, abusive or offensive behaviour, or supplying false or misleading information.

Even if it were a theft the only penalty Tesco may impose is to withdraw/cancel the OP's clubcard.

Instead he was banned from the store.

An excessive punishment that is not in the contract between retailer and customer for a clubcard transgression.

This simply cannot be ignored or excused.

So you didn't see this sentence in the post you selectively quoted from:

lucy03 wrote: »

There is provision for an individual to contest this via the civil courts if they wish.

Armorica

Edward - Don't be so silly. Fraud is a criminal offence. This issue here is rather more breach of contract. I think Tesco's and the receipt picker-upper would both be laughed out of court unless the point of the case was to get a precedent set.

lucy03

Edwood_Woodwood wrote: »

This is simply not true!

Absolutely nowhere in Tesco's clubcard t&cs do they mention any banning from their stores regarding any transgression with a clubcard.


Tesco may decline to issue, withdraw or cancel Clubcard accounts, cards, key fobs, coupons, vouchers and points, in whatever form, and / or remove a member from the scheme at any time where there is reasonable belief of:

any abuse or attempted abuse of the scheme;

any breach or attempted breach of these terms and conditions and / or those relating to the optional elements of the scheme;

any behaviour relating to Clubcard or the Tesco Group that involves theft, misconduct, abusive or offensive behaviour, or supplying false or misleading information.

Even if it were a theft the only penalty Tesco may impose is to withdraw/cancel the OP's clubcard.

Instead he was banned from the store.

An excessive punishment that is not in the contract between retailer and customer for a clubcard transgression.

This simply cannot be ignored or excused.

Again this is all irrelevant to the situation IMO.

(i) The banning someone from their store is a matter for them, they don't need to mention that anywhere. It's their store, they can let who they like in (excluding on grounds of discrimination). They can give a reason if they want or not give a reason.

(ii) Tesco don't issue any penalties or punishments, they are not a court of law.

(iii) Tesco can withdraw Clubcard points from any individual if they wish. They don't have to go to court to do that, they can act as they want. However because there are contractual issues here then someone can contest that in the civil courts if they wish. There is absolutely no involvement as a criminal matter.

lucy03

Cornucopia wrote: »

I think it's an interesting issue.

People drone on and on about "laws" being imposed by "Europe", and yet they are seemingly quite happy to have them imposed by Tesco's.

I think it's interesting too but there aren't any laws here which Tesco are imposing.

(i) They can decide who they want in their shop (with the usual exclusions). It might be unfair that they've banned someone but that's of no relevance in law.

(ii) If the police and CPS feel that someone has stolen something from Tesco they can pursue it in the courts based on the laws that already exist.

Edwood_Woodwood

Armorica wrote: »

Edward - Don't be so silly. Fraud is a criminal offence. This issue here is rather more breach of contract. I think Tesco's and the receipt picker-upper would both be laughed out of court unless the point of the case was to get a precedent set.

What are you on about?

I have repeatedly stated this is not a fraud but rather a complete overreaction by Tesco.

Why don't you read a previous post of mine where I stated that the CPS would be admonished by the courts if they ever brought a fraud prosecution for this ridiculous scenario.

It is other members who continue to insist it is a fraud.

meer53

Edwood_Woodwood wrote: »

What are you on about?

I have repeatedly stated this is not a fraud but rather a complete overreaction by Tesco.

Why don't you read a previous post of mine where I stated that the CPS would be admonished by the courts if they ever brought a fraud prosecution for this ridiculous scenario.

It is other members who continue to insist it is a fraud.

Oh the irony

2 clubcard points :eek:

Edwood_Woodwood

lucy03 wrote: »

Again this is all irrelevant to the situation IMO.

(i) The banning someone from their store is a matter for them, they don't need to mention that anywhere. It's their store, they can let who they like in (excluding on grounds of discrimination). They can give a reason if they want or not give a reason.

.

Why are you being obtuse? Why are you consistently adding/subtracting from the bare facts of this situation?

1 Tesco have mentioned what the "consequence" of theft of clubcard points is in their terms.

2 Tesco have given a reason for the banning.

Even though I do not believe a theft occurred, you do, then they went beyond their own contractual terms in dealing with the "theft" of clubcard points.

The way they behaved does not now just make it a matter for them at all.

Tesco clearly distinguish between two different acts of theft-

1 The "ordinary" theft of goods, eg where somebody walks into their store and takes items and leaves without paying.

2 Compared to an alleged theft of clubcard points.

Of course, in example 1 above, Tesco would be fully entitled to ban an individual who stole goods.

However, in example 2 above, they are not as they are bound by their contractual t&cs, which state that the only consequence of an alleged theft of clubcard points is withdrawal or cancellation of that person's clubcard.

Instead of demanding the OP's clubcard to cancel it, which is what they should have done, Tesco decided to march him to a backroom, detain him, call him a thief then ban him from the store.

Tesco have acted in a criminal manner. That is not only a civil matter, a claim for damages, but they have acted above the law and even above their own terms in dealing with this kind of matter.

Just like a taxi driver cannot detain a non-payer in his cab, this has been prosecuted as false imprisonment, Tesco cannot detain a customer either for the alleged theft of clubcard points.

I suspect there is a distinction of "thefts" because Tesco would struggle to convince a court that 2 clubcard points have any value.

Cornucopia

lucy03 wrote: »

I think it's interesting too but there aren't any laws here which Tesco are imposing.

(i) They can decide who they want in their shop (with the usual exclusions). It might be unfair that they've banned someone but that's of no relevance in law.

But we're not limited here as to just what is relevant in Law. MSE Official stories often criticise large organisations for their actions even when what is being done is legal, or "technically legal".

Banning someone over 2 clubcard points is a complete over-reaction. And escorting someone to a backroom under duress is an offence, unless they have clearly committed an arrestable offence, in which case, the intention must be to hand them over to the Police at the earliest opportunity.

(ii) If the police and CPS feel that someone has stolen something from Tesco they can pursue it in the courts based on the laws that already exist.

We all know that for an offence of this negligibility, they would need a complaint to be made by Tesco's, and they would then dismiss it. If Tesco's wanted to, they still have the option of a private prosecution.

Instead of all of that, which would adequately reflect public interest and the letter of the law, we have Tesco's dishing out summary justice.

It's sad that even those posters who want the strident upholding of the law can't see that that is a bad thing.

Edwood_Woodwood

lucy03 wrote: »

(ii) Tesco don't issue any penalties or punishments, they are not a court of law.

.

Oh God!

Tesco can issue their own penalties/punishments which they don't have to answer to, such as banning from a store or withdrawal of a clubcard.

Do you really believe I was referring to criminal punishments set by courts?