Tesco - Breaking the Law and Own Policy?

Over the last five weeks it has been well documented by many Tesco customers on various internet forums that most branches of Tesco nationwide have been displaying misleading price indications on computer games consoles. These problems appear to have affected all branches nationwide and have originated at Head Office level.

Stores have displayed promotional Point Of Sale material on the shelves stating:

* "Save £20 when you buy an Xbox and Game Of The Week" and

* "Save £10 when you buy a PSP and Game Of The Week".

However, as many customers have discovered, the advertised discounts have not applied by the tills when customers have purchased the relevant items. This is caused by the "Game Of The Week" posters being out of date or incorrect, although this is not apparent to any customer who reads the poster.

At present most branches of Tesco are also displaying Point of Sale material offering "10% off all Pay As You Go mobile phones". Once again, many customers including myself have found that no discount is applied to the original price when a number of the mobile phones are purchased. In the case of the Motorola L6 Virgin Mobile phone, staff have claimed that the current sale price of £69.99 has already had the 10% discount deducted. However, this is untrue as the phone has never been on sale by Tesco for more than £69.99.

As you may already be aware, all Tesco stores nationwide have a sign on display in their stores (usually behind the Customer Service desk) entitled "Our Promise", which states the following:

"In the unlikely event you are charged a higher price than on the shelf or the product we will refund your money and you can keep the product" (This 'refund and retain' policy statement does not have any conditions or small print attached to it).

In my own experience, and in the experience of hundreds of other customers across the country, Tesco have refused to honour this policy on games consoles or other items of a high value when they have overcharged for them.

Some of their implausible and often ridiculous excuses have included:

"The policy only applies to food and drink items."

"In the case of multisave offers (i.e. buy two or more items and receive a discount) which fails to be deducted at the till, we have not actually overcharged you - we have just forgotten to give you your discount."

"Our policy is at the manager's discretion, and the manager says no."

"Each customer is only entitled to have the benefit of the policy on a maximum of one/two/three products." (the amount varies from store to store)

"You noticed you had been overcharged before you left the store, and therefore the policy does not apply".

When some customers have elevated their complaints to Tesco's Head Office after the branch refused to honour company policy, individual store managers have taken the decision to issue a lifetime ban on that customer entering their store.

I have myself been issued with such a ban by my local store. Tesco have insinuated that by me trying to obtain a refund on a games console after they overcharged me for it, I am in some way committing fraud. I entirely refute their allegation since it is Tesco who committed a criminal offence by overcharging me in the first place, and I have simply tried to obtain a refund under their advertised policy.

The real reason for these banning orders is that managers feel threatened by observant customers who are aware of their legal rights. It is far easier for them to ban these customers rather than to operate an honest, law-obiding business.

There are two issues here:

1. The numerous and widespread breaches by Tesco of the Consumer Protection Act 1987 by displaying misleading price indications. These are criminal offences.

2. The misleading policy statement on display in every store, which Tesco frequently refuse to honour. This is currently under investigation by the Advertising Standards Authority.

Over the last five weeks I have been overcharged on a total of 18 occasions by several Tesco stores. In all but two of these cases, the stores have refused to honour their advertised policy on overcharging. I have been astonished at the ignorance of the law displayed by some of the managers and duty managers of the above stores. When I have explained the legalities of the situation, they have denied that they are doing anything wrong by displaying incorrect pricing information.

The rudeness of the staff (including managers) has at times been absolutely shocking.

The forum section of the website Moneysavingexpert.com contains hundreds of customers' examples of Tesco's overcharging and subsequent refusal to honour their policy.