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Tesco Fruit and Fibre Cereal broken tooth
Comments
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I think a problem with this is that you are attempting to claim a speculative, ball-park figure for dental treatment. Have you obtained an actual quote for the work from a dentist, or has a dentist confirmed that you actually need the work doing?
A court claim without either of those things strikes me as very premature.
3 -
I mean the bigger problem is the lack of any physical evidence.
And they havent given them enough time to deal with it before going anywhere near a court.
Apart from that, spot on
2 -
I understand that it's frustrating, but you started this thread by telling us money is tight and asking for advice. Just two and a half hours later, giving posters on here very little time to advise, you've spent £108 on a court claim that on the basis of what you've told us, seems likely to fail.
I don't think more advice is going to be of any help now. You've "gone legal" immediately, so you'll just have to see what response Tesco come up with, if they respond at all at this stage.
1 -
OP - please can you clarify the timelines involved?
You start with your post today (9th March) stating "last Thursday" so I'd make that only 4 days ago, of which 2 were weekend. I assume you mean Thursday 5th March.
On Friday (6th?) you had an emergency visit at the Dentist. You spoke with Tesco CS and they advised you to return the box to the store, which you did. Tesco CS advised the box would be sent away for testing.
Today (Monday), you received a phone call saying the cereal would not be tested and no remedy of any kind offered.
You have now leapt straight to logging a claim online (MCOL?), having apparently already exhausted the LBA process and receiving a response from Tesco.
How did you establish the value of your loss for the claim?
You appear to be operating in some parallel and accelerated Universe to the one in which most of us seemingly reside.
3 -
How are you planning to prove that your tooth didn't just break on a hard bit of cereal? Bearing in mind it will be on balance of probabilities it seems a high bar!
1 -
I guess I am in a parallel universe, after the phone call this morning and online communication threatening legal action Tesco said they would not remedy the situation and would cooperate with third party action. Online research gave me the typical range of damages to a molar tooth. There is an online legal process for making small claims in the local courts, I followed that process.
I'm not seeing what the issue is here from commenters. Their product caused me an injury, they lied about an investigation of the product. I threatened legal action, they replied go ahead. I have commenced legal action.
0 -
Aside from everything else, you can't claim for the 'typical damages', you have to claim for the specific costs incurred by you.
It sounds like Tesco have invited you to make their day, as they say.
1 -
You cant make a claim for how much a tooth MIGHT cost to fix.
You need to get the work done first and then quantify your losses.
In any case you have jumped the gun.
3 -
My husband broke a molar eating a packet of Walker’s crisps.
His dentist treated him under the NHS which limited options.
He complained to Walker’s and sent them the offending hard item.
They replied that testing had shown it was a solid piece of potato that had not been processed properly.
They sent a form with many questions for his dentist to complete, explaining the remedial treatment required and cost of the remedial treatment, which was private treatment that was not covered by NHS.
Walker’s( presumably their insurance company) accepted the dentists assessment and paid for the treatment.5 -
That's a good example of how to work these things out, but then your husband had hard evidence (excuse the pun).
2
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