Tesco consider adding the points of discarded receipt as theft

topdaddy_2

Eddies right in one thing said:its an overreaction. Thats prbbably what it is. But nothing else. Its legal, kosher and right they define their own terms on their system and again right they decide with whom they wish to trade.

Cornucopia

It's useful to know that when it comes down to it, Tesco's don't honour their own Ts & Cs. That pretty much makes them optional for the rest of us, too.

topdaddy_2

Cornucopia wrote: »

It's useful to know that when it comes down to it, Tesco's don't honour their own Ts & Cs. That pretty much makes them optional for the rest of us, too.

If tescos allow it seeing as the terms and conditions of business with them is set by them.

Cornucopia

Not sure what that means.

It's easy to think of Ts & Cs as being a single-sided contract between a large organisation and the individual, but in fact they are a mutually agreed contract. If they don't honour them, it undermines their right to enforce them.

Edwood_Woodwood

powerful_Rogue wrote: »

You seem to be adding to the original post to fit your argument.

Where does it say she was unlawfully detained? It dosent even say she refused to go with the security guard.

No I am not, I carefully read the OP's leading post and all subsequent ones and Tesco's clubcard terms to consider the incident before posting.

You, sir, posted your first response within just 18 minutes after the thread was created quoting legislation the OP was guilty of and stating the security guard was correct.

Swift is certainly the word.

And in post #165 you stated -

Im presuming from the way the OP worded the post that he handed over the receipt and asked to claim to the 2 points when the security guard intervened.

I am responding to the facts as presented, not by making any presumptions, unlike you.

Edwood_Woodwood

powerful_Rogue wrote: »

You seem to be adding to the original post to fit your argument.

Where does it say she was unlawfully detained? It dosent even say she refused to go with the security guard.

She is a he and he has already once corrected you in a prior post.

But by the by.

One only has to read about the situation to conclude the OP was unlawfully detained.

Tesco themselves, in their own terms of contract to which both the OP and the retailer are parties, clearly state that the consequence of a (alleged) theft of clubcard points may result in the withdrawal of the offenders clubcard.

The OP must have had his clubcard with him in attempting to add points to his card yet it isn't even clear Tesco took possession of it to withdraw the card, as per terms.

Instead the OP was taken to a backroom and, I quote the OP's first post,

He took me to the back room and said that 2 points is considered the same offense as shop lifting and banned me.

Now, shoplifting goods from the floor and "shoplifting" clubcard points are not treated in the same way by Tesco.

I'm sure we agree on what should have been done, as per terms of contract, but instead a security guard did differently and took the OP to a backroom.

Finally, the OP is a young man who has just started uni so it would not be unreasonable to believe he may have been quite intimidated when confronted by somebody in uniform who holds a degree of authority, at least in Tescos, hence the lack of protest.

It is my opinion that Tesco treat alleged thefts of clubcard points differently to thefts of goods from the shopfloor simply because I believe the law would too.

Edwood_Woodwood

tyw7 wrote: »

>_> Only first time. I thought I could pick up a discarded receipt and claim it's points.

The above is post #12 by the OP.

It was the first time he had attempted this and, quite damning for Tesco, he "thought" he could claim discarded points.

There are only so many ways one can ask to have points added to a clubcard and it is crucial the OP tells us.

However, it appears the OP quite innocently asked for these discarded points be added to his balance thinking he could.

A simple explanation from a staff member that it was not allowed would surely have sufficed.

Instead we have an over-zealous security guard taking him to a backroom, called him a thief and given a lifetime ban.

I repeat, I believe the innocent intentions of the OP, if explained in a prosecution, would not satisfy the ridiculous notion that he is a thief or fraudster, or even attempted to be one.

But the actions of Tesco in this incident would be fatal for them.

They have clearly breached their own terms and I firmly believe that the police would investigate an unlawful detention of the OP due to the circumstances.

Edwood_Woodwood

bod1467 wrote: »

Tesco stores are private property to which they offer a public invitation to enter. They can decide WHO they want to be allowed/denied access WHEN they like for WHATEVER reason.

EwahWoowah's reasoning holds no water.

My reasoning does hold water because it is correct.

There are two types of customer that shop at Tesco.

Clubcard holders and non-clubcard holders.

Tesco can ban any non-clubholder they wish, provided it is not discriminatory.

Tesco can also ban clubcard holders as above.

However, clubcard holders have an additional contract with Tesco and, with regard to this particular circumstance, they are in breach of contract for imposing a heavier sanction than what they say they would do.

They gave their reasons for a lifetime ban, that is all important, and it is fatal for them.

It doesn't matter that they can withdraw a clubcard from anyone at anytime.

They gave a reason, and that reason breaches their contract as it is way beyond what that clause's "penalty" is.

Had they not given that reason then you may have a point and it would have been better for Tesco.

Now, I'm only going to discuss in future with members who are able to grasp the salient points of this thread-no offence meant.

Edwood_Woodwood

wealdroam wrote: »

Anyone is free to offer an opinion here without getting abuse in return.

What a sensitive soul.

Awww, give us a kiss!:kisses3:

wubbles

tomtontom wrote: »

You're not getting this are you - they were not yours to claim.

The receipt does not say "non transferable".

The points could have been rightly claimed by the finder of the receipt.

Tesco's (well the security guard) were wrong.