Shiny a question for you

Post by **paul bristol uk** » Wed May 01, 2013 8:36 pm

As our resident insurance expert. Any others can join in if they like!

As you may have read in my Great Western Ambulance Post
http://www.ludegeneration.co.uk/general ... t6327.html
Tesco are denying all responsibilty and even say the sale of good act does not apply to them and its down to the maker.
The mat is not faulty but the way it is displayed on line and in their store and also its description is misleading.
I had a word off the record with a Solicitor who thought we have a good case. Injury Lawyers for you seem to want to consider taking this on which brings me to the Question(at last I here you all say)

These people are no claim no fee but you need "After the Event" insurance which is pricy if you lose.
I have a household insurance policy that covers me for up to £100,000 of legal fees if I persue a claim provided there is a 30%_50% chance of winning. Guess who I am insured with? yes Tesco.

So can they back away from sueing themselves? and if they do do I have any recourse?

As for my wife she is still in agony and has a rota cuff injury including torn ligaments so this is going to go on and on.

89 UKDM BA4 4WS (resto job!) · Post by **wurlycorner** » Wed May 01, 2013 8:48 pm

No idea how they can claim that the sale of goods act doesn't apply to them? It surely does!

I'd be amazed if Tesco insurance would say you can't claim on that policy for a claim against Tesco. That would be acting in an anti-competitive manner* and I expect the insurance ombudsman would take a dim view.

Isn't it normally 'no win, no fee'?

i.e. if they agree to take the case on, they bear the costs if you lose and if you win, they claim costs from the third party?

*ok, Tesco most certainly does act in an anti-competitive manner as part of their day-day business of course, but this would be different!!!

Post by **paul bristol uk** » Wed May 01, 2013 8:51 pm

Have a look at the no win no fee small print. You do not pay your legal fees but what they don't tell you is you are resonsible for the other sides fees if you don't!

Post by **Gayno** » Wed May 01, 2013 8:52 pm

Mrs Gayno works in legal expenses insurance, I will get her to have a browse in a little while and reply.

Post by **paul bristol uk** » Wed May 01, 2013 8:58 pm

Cheers Mate, I would be interested in her opinion!

Post by **Donald** » Wed May 01, 2013 9:00 pm

Sale of Goods Act 1979 most certainly does apply.

Part II, Formation of the Contract.

http://www.legislation.gov.uk/ukpga/1979/54

Post by **paul bristol uk** » Wed May 01, 2013 9:12 pm

Yes I know Donald but I have it in writing from them its only "goods thay manufacture" So here is a teazer for you "What do Tesco Manufacture"? I have thought and thought about that one and apart from profit the only other thing is Bovine Excrement!

andypont · Post by **andypont** » Wed May 01, 2013 9:16 pm

Good luck with this Paul. Hope Mrs Bristol feels better soon. The website is certainly misleading about how this product is to be used. The spec online states that is is not non slip, so they may try to cling to that - but I assume there was no such information available in store. Just might be worth considering that the poor product / instruction information is the target of your claim rather than using the details from their website. Not saying it is a valid defence for them, but I guess they will use anything they can.

Post by **Donald** » Wed May 01, 2013 9:18 pm

Tsk that seems naughty of them.

If that was the case then the Sale of Goods Act would only apply between manufacturers and resellers, wouldn't affect the end buyer such as yourself.

Total cowpat.

Have a read of this from Office of Fair Trading: http://www.oft.gov.uk/shared_oft/738369 ... lained.pdf

They're having you on.

Post by **paul bristol uk** » Wed May 01, 2013 9:29 pm

Andy Pont, There is no warning on the label and it is described as a Ice scraper boot mat . Not a Tesco Herringbone snow mat. The Mat did not slip it was against the house. The problem with it is if you put your foot on the left hand side the right hand side rises up about an inch and that is how my wife tripped. Its like two trampolines joined in the middle. If it was marked correctly it would have laid flat and there would have been no problem. As a BTW 8 out of 10 people I asked to put the mat down as you think it should go got it wrong including a member of Tesco's Customer Services.