Security tag not removed by shop

twopenny

If it's one of those universal black ones could you take (with receipt) it to somewhere like Tesco's at a quiet time and ask if they would remove it?

I don't think they are personalised to each shop.

Bit of a cheeky but easier if you can stand the embarrassment 😊

Aylesbury_Duck

https://forums.moneysavingexpert.com/discussion/comment/82050428#Comment_82050428

They're too busy writing about all the people caught out by that "little-known" passport rule that almost everyone knows about. Yesterday it was all compo airport faces because those mean people at air traffic control wouldn't let them fly through electrical storms.

Aylesbury_Duck

I'd ring the store to let them know, and arrange to have it removed the next time you're nearby, or refunded if that's what you'd prefer.

eddddy

GDB2222 said

But that involves time and some travel costs. It’s clearly the retailer’s responsibility to remove the tag. Why should we, as the wronged party, be out of pocket? So, out of curiosity, what are our rights here?

I guess this is a case where your consumer rights and/or legal rights comes face-to-face with the 'real world'.

If the shop tells you to return to have the tag removed, but tells you they won't pay for your petrol or your parking (or your time) - what will you do?

It's not really viable to sue them in court for £2 or £5 or £20 or whatever.

On a more general level, if somebody breaches a contract with you and your losses are just a few pounds, realistically there's no form of legal action available to you.

Obviously, you can try other tactics…

• Make a fuss to the shop, in the hope that they will eventually give you some money to go away
• Don't give that shop any more of your business
• Tell others not to do business with that shop
• Report them to Trading Standards

Alderbank

https://forums.moneysavingexpert.com/discussion/comment/82050422#Comment_82050422

My view of the law is different.

The purchase is the usual shop scenario where the customer chooses and examines items on display then takes them to the pay desk. Tags are not concealed, it would be fitted in a prominent place such as lapel or hem and alone would probably weigh more than a child's summer dress.

I think the relevant section of the CRA is

s9(4) [The CRA] does not cover anything …where the consumer examines the goods before the contract is made, which that examination ought to reveal. So no claim under consumer rights.

It's certainly not theft of course. The OP had no intention to permanently deprive the owner of the tag.

I think the OP is an involuntary bailee of the tag. Legally, an involuntary bailee is someone who has unwittingly become the possessor, but not the owner, of goods. It would be similar to someone who buys a coat in a store and later discovers some money in a pocket.

The practical outcome is the same as @GDB2222 describes. The OP should tell the store they have the goods so they can come and collect them.

born_again

But that involves time and some travel costs. It’s clearly the retailer’s responsibility to remove the tag. Why should we, as the wronged party, be out of pocket? So, out of curiosity, what are our rights here?

I suppose that essentially I am asking who is responsible for the cost of returning a defective item bought in store for replacement or repair.

Personal responsibility to check, so it is down to you to pay to get back to the store, just the same as it would be if the item was faulty 🤷‍♀️

Grumpy_chap

Just wear the dress with the tag still on.

It can't be that prominent as both the OP and the check-out assistant in the store missed the tag.

flaneurs_lobster

https://forums.moneysavingexpert.com/discussion/comment/82050933#Comment_82050933

Good plan.

Until the first visit to Tesco……

user1977

https://forums.moneysavingexpert.com/discussion/comment/82050956#Comment_82050956

which will remind them to get it removed while they're there?

GDB2222

https://forums.moneysavingexpert.com/discussion/comment/82050517#Comment_82050517

I entirely agree with you and the other posters that the real world solution is to get the tag removed in the store. I was just wondering what my rights are, rather than intending to enforce them.

I tried removing the tag with magnets but I couldn’t get it right. And applying force was ruled out as the tag contains a dye capsule.