Siobhan Yap was offered a free meal by an Audi garage which damaged her car ran up a £700 bill at a Michelin-starred London restaurant.
She bought a £20,000 car from Audi in Watford and the car was damaged before she took possession. She says she asked for a refund and they wouldn’t give it to her but they did offer a repair. They also gave her a courtesy car I believe which covered the inconvenience. They also said as a goodwill gesture, have a meal for two on us. So she did. She treated her mother to dinner at L’Atelier de Joel Robuchon in Covent Garden. Here’s the bill:
Audi offered to pay £200 and have now offered half. The item was discussed on a phone in on Three Counties Radio and at the end of the show presenter Jonathan Vernon-Smith was undecided about what he thought and was going to contact Audi with the opinions shared on the show and Siobhan’s responses and see what happened.
So the obvious came to most people’s mind who rung up the show:
1) Serves Audi right for not giving an upper limit and they make enough profit
2) Good on her, amusing
3) Morally wrong, Audi would not have expected anyone to spend as she did, nor so much on alcohol
I was asked to speak! For me, it is difficult because I would not have let it get to this stage. I would have had the full refund thank you very much. One is entitled to that in this case. The law covers cars! Here are your rights when buying goods and services. However, according to Siobhan she tried this and Audi refused. Don’t take that rubbish – see Tips here. Lots more advice in the book of course 🙂 Right back to the story.
As Siobhan said, so many people don’t know their legal rights so companies like Audi can get away with fob offs. So once in this situation are there any rules? Well Audi were stupid, frankly. An upper limit should have been set and so I am tempted to say that they got what they deserved. However, one could assume that they didn’t say “Enjoy yourself at an experience/have a slap up meal”. So where does she stand legally? Well under the Sale and Supply of Goods Act 1994 a consumer has an obligation to be reasonable. So this would be a good test case! Would a judge see a meal for £714 reasonable? If so she wins the outstanding balance if not she doesn’t.
Oi! Don’t just jump to the bottom to see if I won! There will be a test later you know to see if you read it all!
Let’s start the post with a great big sigh. *Sighs. Most people who ever shopped at Tesco will share my frustration. Actually I didn’t realise just how many until I took to Twitter and looked at the @Tesco timeline!
Okay so where to start. Well, unless you are some rich person who doesn’t live on the same planet as the rest of us, (in which case thank you Mr Cameron and colleagues for taking the time out of working out how to cut even more payment to the most needy so that they can’t afford to live and therefore die and become less of a burden to the tax payer, (I mean that is the theory isn’t it?) to read my Blog) you will know that Tesco provide reward vouchers for spending in their shop. More if you use their credit card. Every so often it is double up rewards time. Great. Nope. Why? Because most of these double up vouchers people tried to use on the TescoDirect website. Oh how efficient. Wrong again. Why? Because the website was utterly flawed.
So, I start my sorry tale back on the 20th November. The system said items were in stock, got to checkout they were not. I emailed and said this was failure of their site. I had cashed in vouchers that if not spent by the 13th December would be lost! I got the vouchers to buy something that once at the checkout (i.e. after you get your vouchers!) I couldn’t use! They would not refund if the items didn’t come back in stock. Personally I do not think that is fair do you?
So I spent them. Later I tried a million times (ok a slight exaggeration, maybe hundreds of thousands) to process my vouchers on £80 worth of items. I got this message “Sorry, we cannot place your order at the moment. We’re trying to fix the problem as soon as possible. Please try again later.” So fed up was I that I telephoned. That’s how annoyed I was. I hate telephoning complaints! The automated answering message informed me that they had had problems on the site and they were resolved. They were not and as was quite clear from the @UKTesco Twitter timeline, remained. Whilst waiting to try again on the line the line was cut off. Now, I wasn’t even speaking so it wasn’t me being rude! So I emailed. I got a response to say that the technical team were looking into it. I emailed back saying still a problem and expected redress as the time spent on the matter amounted to more than any savings from using the vouchers.
I got an email back saying that I would receive a goodwill gesture. (I believe that many gestures followed and none of them were goodwill ones). Charlotte told me that if I couldn’t use the vouchers then pay and she would refund on receipt of the voucher codes. So I duly tried again leaving the system for 24 hours. This time it was a different error. It accepted some of the codes. So I just paid for the full amount and emailed Charlotte. This was now the 26th November.
Now Tesco had my money. Actually it had the £80 plus £40 of vouchers which doubled up were £80 and those couldn’t be used. So I told Charlotte this and of course Charlotte just responded saying okay just let her have the voucher codes. No, it went unanswered. I forwarded it 2 days later stating that I would go to Trading Standards for breach of the Consumer Act for unfair trading and the Sale of Goods Act 1994 as amended for not honouring a contract. So that obviously got an answer. Nope. Emailed the following day saying that papers were ready to go the Small Claims Court. So of course I got a response then when they knew what I was talking about? Nope.
So I wrote to the CEO. Now, if you’ve read my other post about Tesco then you will know that I knew I wouldn’t get a response. So I did actually start the email with “Obviously this is a pointless email because you have demonstrated incredible contempt for your customers and this attitude it would appear is reflected all the way down the store and I see in your profits. There is a slight chance that someone in the Executive Office might see this though and save me the time and trouble of going to Trading Standards and the Small Claims Court”. I know I advise not using sarcasm but some people just really seriously try my patience.
Obviously no response. So I took to Twitter. @UKTesco offered to help. Great. Nope. As I have now learnt from chatting to many people who complain to @UKTesco you get standard responses, delay tactics and no actual resolution. (Mind you look at this lack of security for Tesco customers that the Tesco Twitter team revealed). To cut a long story short, @UKTesco said Charlotte was waiting for the voucher codes. Huh? Yes. It would appear that she didn’t think it appropriate to respond to 3 emails to her to ask me for them even if it was “again”. Look how many times I tweeted the same thing to @UKTesco as I bored many of my followers! At first I refused, demanding the courtesy of a response. That tweet went ignored. (All very rude and not the done thing on Twitter at the best of times never mind being the face of a large company). So I said I would do it their way and sent Charlotte the codes. So, of course, I did what they requested and I had a response. Nope. I tweeted @UKTesco, I said hello I’ve done it. I rt’d their response that they would look into it the following day when they still hadn’t got back to me. I asked if they were ignoring me. I didn’t get a response so take that a yes then! The last tweet they sent me said they would get back to me. They didn’t.
So there was nothing left for it. The Small Claims Court. I love it, the time consuming bit is over and it takes very little time to fill out a form. £25.
So over Christmas I took ‘em to court. All online, easy peasey £25 . Their defence was, shall we say non existent? I quote “That the defendant has been unable to use the vouchers is neither accepted nor denied” Eh what? Even better “The Defendant has no knowledge of any problems with these vouchers, as long as the claimant was using the correct process..” Copies of 3 emails saying there were problems, automated error message on their site and implementing an automated telephone message saying that there was a problem meant…?
So, a week before the 6th June they tried to negotiate. Obviously. They were gonna lose. I knew this. First off they didn’t even offer me the court fee! Asked for more got the court fee and a few quid extra and you know what? Sod ‘em, that’s what I thought! They know they will lose I know I will win, who else will take on these giants it’s up to me to show Tesco that the humble shopper will not be treated in this way. “See you in court” said me.
But I didn’t ‘cos they didn’t turn up. Well obviously it wasn’t worth their while, they knew they were going to lose. So suited and booted (well sandals actually the sun was shining) I sat before Judge Vokes. He told me that he couldn’t see how I was owed any more than the £80 and court fee. Uh oh, Uh oh Uh oh, panic panic I’m a gonna lose I thought! “They told me in writing that they would give me a goodwill gesture” I said. “Not legally binding” said Judge Vokes. Oh I was going off this guy. “Sale of Goods Act… Supply of Goods and Services Act….” said I. “”Technical babble about vouchers and stuff” said the judge. I was really going off this guy now. Hmmmm “I thought it was important that the single person should make a stand against a big company like Tesco and make people realise that they can stand up to organisations treating customers with contempt” I tried. The judge gave me a big big smile nodded and said “Well done”. I was warming to him now. I wish I had taken a photo. “Although the goodwill gesture is not legally binding I can deem Tesco as being unreasonable and therefore award you £80 refund, £11 for expenses, and £50 for time. Total of £166”. I seriously liked Judge Vokes big time now. I’d done it. I’d won.
Now, what I want to know is, will I get Clubcard points with that? Pleeeeeeeeeeeeeeeeeeeeeeease pleeeeeeeeeeeeeeeeeeeeeeeeeeease let them not pay up in 14 days. I can send in the court bailiffs to sieze goods to the value of £166…… I’ll be picking up all the offers to get my money’s worth ‘an all!
I wanted to ask the Judge if he thought Tesco should employ me to reduce their level of complaints and increase their sales but thought better of it, thanked him for him time and bought some chocolate from Sainsburys across the road from the court and not the Tesco Express next door!
In short. I won. Many many hours of time on the matter and 7 months after the event, was it worth it? I think it was the principle of the thing! Would you have done it? Would you have let Tesco get away with keeping your £80 or would you have taken them to court?
June 21st update – payment not received watch this space for what I intend to do about that…