Tesco Customer Services says no refund on faulty goods if no receipt!

dmg24

Altarf wrote: »

So should I believe all the UK Trading Standards offices, or what you think that you have picked up in passing. Um that's a hard one.

Your assertion would be much more convincing with precedent to back it up.

uktim29

dmg24 wrote: »

Your assertion would be much more convincing with precedent to back it up.

I've just looked at one of his links and edited my post above. It's not a case of having a witness they need to prove the witness saw it!

Altarf

uktim29 wrote: »

I've just looked at one of your links.

The links where I posted underneath the a cut & paste from the relevant section. Observant.

asharon

If you paid on a credit card just phone them up and get the time of the transaction and date. Then in the store you can tell them this as they can check previous purchases and see that you did buy it.

Vomityspice

Why not try the simpler approach (without hopefully getting into dispute about who's 'advice' is correct!)

Write a letter to Tesco's saying that the product was faulty and you would like them to replace the defective item. Await response. Then act on it.

If they agree to replace the item the - job done.
If they refuse, write another letter and give 7 days notice of your intention to persue your cliam via the small cliam proceedure.

Whilst not wanting to antagonise the ongoing dispute about who's version of the law is right, I will helpfully point out a few points.

1) The is no requirement in law to issue a receipt, so a retailer cannot insits on that for proof of purchase.
2) The packaging that the item came in is irrelivant to the issue. (I can look up the case law if needed!) as you are buying the item, not the packaging.
3) If it came to a legal dispute (highly unlikely given the cost of the item!), then it would be for Tesco's to prove you hadn't bought it.

Hope that helps.

uktim29

Vomityspice wrote: »

1) The is no requirement in law to issue a receipt, so a retailer cannot insits on that for proof of purchase.

This is not the case under the sog act. A receipt doesn't have to be issued no & a receipt isn't needed for proof of purchase. However under sog act the seller can require some form of proof of purchase.

http://www.berr.gov.uk/consumers/fact-sheets/page38311.html

"Do I have to produce a receipt to claim my rights?
No. In fact the trader doesn't have to give you a receipt in the first place so it would be unfair to say that you had to produce one. However, it might not be unreasonable for the shop to want some proof of purchase, so look to see if you have a cheque stub, bank statement, credit card slip etc., and this should be sufficient."

Ms_Chocaholic

Can you not just buy another set, wait a few weeks and return the damaged set with the new receipt.

Vomityspice

It really doesn't need to that difficult.

The purchaser is able to legitimately claim that they bought a product (i.e. I was there , it was me!). If the store wants to dispute this then it is for them to prove otherwise. Whilst other forms of 'evidence' would be helpful, you could always ask Tesco's to review their CCTV as ample evidence of your legitimate purchase. They can then link it back to the particular till roll.

If it gets to small claim then the burden of proof is on the 'balance of probabilities'. Unless you are a know shoplifter at Tesco's, no district judge is going to believe a claim from Tesco's that you perpetrated such an elaborate scam for a £5 knife!

mandragora_2

Man, am I glad to see someone else has had this hassle. Me, - toe to toe today with their 'customer service' woman over whether or not I needed a receipt to get a cash refund rather than have to accept a replacement, over a £2.50 pair of tights that, when I opened them, had holes in ie 'not of merchantable quality' . I KNEW the Sales of Goods act meant I didn't - the onus is on them to prove I didn't buy them there (they were Florence & Fred - a Tesco brand; I have a Tesco clubcard, had they asked to see it, and so could reasonably be expected to claim that I am a known, existing customer). In the end, it came to a stand-off, and the duty manager was called. He very magnanimously offered to let me have goods to the value of £2.50 'from anywhere in the store, it doesn't have to be just clothing'. I caved in at that point, and got something else, but when I got home, I checked - heres what the berr (govt office) have to say:

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html - point 7 is the most relevant:

Q7. Do I have to produce a receipt to claim my rights?
No.

Reasonable for them to ask you for a credit card statement or some other proof of having shopped there - no prob, I'm a Tesco clubcard holder. I rang the number on today's receipt (don't even ask - to buy the two candles I bought with my refund cost me a further 49p - complete with 5p overcharge - and then to get a receipt from her for that transaction was like pulling teeth) - the guy who answered the phone, based in the Glasgow HQ for cutomer services, and who actually knew the law enough to agree that I had been within my rights, was shocked at how the 'policy' had been applied, and how I'd been treated. Didn't make a lot of difference, as the store are still holding on to their line that 'policy' overrides any pesky law they've never heard of.. but watch this space.... I will get them to admit they were wrong.. OK, possibly an overreaction on my part, but it niggled me to be treated like a lesser life form when it was them, not me, who were in the wrong.

dmg24

the onus is on them to prove I didn't buy them there

This is incorrect.