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Tesco consider adding the points of discarded receipt as theft

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  • gik
    gik Posts: 1,130 Forumite
    [QUOTineE=Cornucopia;66701337]Some of the possible definitions don't work in the context of the OP's post.

    For example, if the OP had been the recipient of hot security guard lovin', they would have said they were taken by the SG *in* the back room, not *to* the back room.

    Whilst the language is ambiguous, I think we can all imagine there being an element of coercion involved.[/QUOTE]



    I don't imagine anything. There is no indication in the OP of force being involved in any way shape or form. I have been taken to the hospital for appointments by my wife on several occasions...no force was EVER involved.
  • gik
    gik Posts: 1,130 Forumite
    Cornucopia wrote: »
    Some of the possible definitions don't work in the context of the OP's post.

    For example, if the OP had been the recipient of hot security guard lovin', they would have said they were taken by the SG *in* the back room, not *to* the back room.

    Whilst the language is ambiguous, I think we can all imagine there being an element of coercion involved.



    So you are reduced to the level of 3woody and are now nit picking over two letter words. They gave one definition of 'taken'. There are many more that apply that don't involve force...despite your imagination.
  • Cornucopia
    Cornucopia Posts: 16,471 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It was a possibly misplaced attempt at humour.

    However, whilst we're talking about nitpicking, I would point out that coercion does not necessarily mean force.

    In these circumstances I can imagine that the Guard said something like: please accompany me so this can be dealt with. Which is some way short of the legal truth of : you are free to leave without your clubcard.
  • gik
    gik Posts: 1,130 Forumite
    You imagine? Why are you making stuff up?
  • RichardD1970
    RichardD1970 Posts: 3,796 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If we are making things up I'll have a go.

    This is how I imagine the original encounter,

    "I found a discarded receipt which I took to the customer service point to redeem the points left on it. Unfortunately the assistant on the desk had seen me picking up the receipt and, therefore said that I couldn't redeem the points as they weren't mine.

    I tried to persuade the assistant and when they were adamant that I couldn't have the points I kicked off and got noisy and abusive, at which point the security guard stepped in and escorted me to an office where I was banned from the store."

    ;)
  • prowla
    prowla Posts: 13,984 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    BJV wrote: »
    I have tried to read as much of thread as possible.

    I am not an expert in law and am no particular fan of Tesco but. Morally I think it is wrong. Tesco offer the points as a reward to the shopper who buys the goods. It is their choice to claim them use them or throw them away. In fairness to Tesco it is a fantastic reward system and happy or not so happy shoppers are encouraged to save points thus spending more and more in Tesco to get more an more points. Self perpetuating marketing !!! Got to hand it to them very good.

    Finding them and then attempting to claim the points I think is wrong. They where not yours to claim. You are misrepresenting them as yours in that you are saying that you are entitled to the points because you made the purchase.

    I do think that Tesco went a tad OTT. But in essence from what I can they did not see involve the police. No permanent damage was done. Instead as is within their rights they just asked the OP to shop elsewhere.

    I am by no means as clever as some of you on the finer points of the law and some of the money saving tips I would never of thought of on my own but i think that it is really sad that MSE would endorse what in my eyes is tantamount to mis-representation.
    Where do Tesco state that they offer the points to and only to the shopper who made the purchase?

    Is finding and claiming discarded points in any way misrepresenting the purchase?
  • prowla
    prowla Posts: 13,984 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Fraud by misrepresentation - see post 6
    In what way was there a mis-representation?

    Tesco award the points on a non-Clubcard receipt without regard to the person in (ahem) receipt of them.

    And if that person chooses to give them to another person to claim and/or discards them so that another person might, it makes no difference to Tesco; they've awarded the points blindly.

    Can you show precisely where Tesco's T&Cs say that points allocated to someone who is not a Clubcard member cannot be used?

    So where precisely is the mis-representation?
  • prowla wrote: »
    In what way was there a mis-representation?

    Tesco award the points on a non-Clubcard receipt without regard to the person in (ahem) receipt of them.

    And if that person chooses to give them to another person to claim and/or discards them so that another person might, it makes no difference to Tesco; they've awarded the points blindly.

    Can you show precisely where Tesco's T&Cs say that points allocated to someone who is not a Clubcard member cannot be used?

    So where precisely is the mis-representation?
    Members must present their Clubcard card or key fob at the checkout in order to collect points for a transaction in store. Members who forget to do this may have their points added manually up to 14 days after the transaction upon production of a valid receipt, providing the receipt belongs to the claiming member and is based on their personal spend. Points may only be claimed for up to two receipts per day.

    The misrepresentation is presenting the receipt for someone elses spend to claim the points to your account.
  • Cornucopia
    Cornucopia Posts: 16,471 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    gik wrote: »
    You imagine? Why are you making stuff up?

    I'm imagining what the Guard said, because the OP doesn't say. Clearly s/he said *something* to engage with the OP which led to the OP going to a back room so they could be banned.

    I'm no expert, but I imagine (again) that the banning process involves taking a name, ID and possibly a photograph. That's asking quite a lot from someone under no legal obligation to be there.
  • Dear oh dear. Resulting to petty shots now!

    "I have taken my wife to the shops" - Does that mean I forced her into the car and dragged her around the shops?

    OH MY GIDDY AUNT!:shocked:

    You really are being serious aren't you?

    Taking your wife to the shops is a very different scenario to being taken to a backroom by a security guard who believes you to be a thief.

    The word "taken," as a verb, has a particular meaning for a particular situation. Which is why there are 100 odd differing meanings for the word.

    At primary school my teacher would have said something like this-

    1 Shopping with wife - good.

    2 Taken to backroom by security guard on suspicion of theft- bad.

    I'm sorry but, is this a wind up?:eek:
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