Can I return a Laptop with no receipt?

[C&D]

Hello

 

I have a query and wonder whether you would be able to offer some advice please.

 

In May / June 2007 I purchased a laptop for approx £380 from Tesco. A few days ago it broke when I tried to plug the mouse in and as a result I am unable to charge it up so it doesnt work.

 

I purchased the laptop with cash but unfortunately due to moving house between the purchase and now, I have lost the receipt. I called the Tesco store today and explained the situation, I was told by a lady on customer services (whose name I didnt' get unfortunately) that I could take the laptop and all the extra parts that came in the box back and they would be able to scan the box and offer a replacement product of the same value. She did advise that this could be less than I had purchased for if the price has reduced since I brought the laptop. Happy with the solution I packed the laptop up and made my way to Tesco, I went to the electrical helpdesk as the lady had advised on the phone and was told by the guy behind the desk that he would need to check with his duty manager. A few minutes later the duty manager arrived and advised that I had been misinformed and that there was nothing he could do. He said that occasionally they can change items of a lesser value without a receipt but as the laptop had scanned at £299 he wouldnt be able to help.

 

I have emailed Trading standards but I dont know whether they will be able to help. I am also going to write to Tesco and tell them how out of order they are as I was made to look a complete idiot in front of the queue of customers!

 

Any help would be gratefully received!

 

C

[barracad]

Without a receipt you have no right to return as you have no proof you bought it from there.

 

Did you use your Clubcard when you purchased the item? Have you asked if they can use that to verify that the transaction did take place?

[gyzmo]

What is required is proof of purchase, the best form of which is a receipt, though other methods will do. This can include, for example a witness (shop staff?). It can also include heir own records - a mthod you have followed. Basically it is evidence of the contract.

 

There is a problem however. Assuming that they are wiling to give a refund, what is required is : proof of how much was paid, that you bought it and when. Hopefully, they will have some records to show some of this if not all (the fact that you can identify when bought, where from etc should hopefully demonstrate that it was you who bought it). If that tallies up with their records, then I do not see why they cannot refund.

 

Even going on their policy of refunding at a lesser value, it seems that this is at managers discretion ( a policy that can lead to trouble).

 

Away from store policy, there is the Sale of Goods Act which gives you rights to a repair, replacement or refund in that order dependant on it being proportional to the others and of minimal inconvenience to you. Normally, you would not get a refund straight off, so if they are willing to refund (dependant on proof) then that is quote generous of them.

 

I think whta you need to do is to get their co-operation and get them to find records, if possible, of the purchase. If not, then try to at least get them to accept that you did purchase it from them. The battle then is to get them to agree to the refund, though I would settle for a repair or replacement.

 

If you cannot establish proof of purchase to their satisfaction, then (and god help me for saying this) try the manufacturers guarantee (one of the few occasions where the damned things are useful) and see if you can get a repair off them.

 

another thing, you have to understand that stores are worried about goods being stolen and return, which is a problem for everyone, and it is understandable that they do insist of some kind of proof. Hopefully however they will understand.

 

Do let us know how you get on

[JB_]

Off the top of my head a receipt is not strictly necessary. The retailer my ask for proof that you brought the item from them/date etc. The receipt is a convenient way to do this but not the only way.

 

Depending on how you paid, you may have bank statements etc that show a purchase from the retailer for that value on that date. This should normally be acceptable for the retailer.

 

Now, don't tell anyone this, but as I am doing this off the top of my head I haven't got any authority to back this up - I would normally pull out statute or at least DTI guidance but I'm not in a position at the moment Apologies if I'm proven completely wrong.

 

Oh and by the way - yes. people do try and return items bought elsewhere. When working in a retail environment once I had a "customer" blowing a gasket over a faulty product... one that we had never sold and would never of sold, NO chance of a mistake on our part

[gyzmo]

I don't hink there is any legislation on this, but there may be code of practice from DTI / BERR or whatever they call themselves now. I know there is a requirement to provide a receipt, however (but that's rather differrent).

 

I think it is more to do with common law principle of he who accuses must prove. But if a shop accepts it has been purhcased and refuses to do nothing than that is not relly on.

[C&D]

I am going to have another hunt for the receipt in our storage unit (needle in a haystack scenario!) and if that brings nothing which I doubt it will as it hasnt the last three times I have been then I will as about whether they can look at the clubcard points.. As I paid cash I cant use statements which is rubbish! The annoying thing is that I never usually throw receipts away and they are all in the relevant boxes or filed! (s0ds law I do believe!)

 

Thanks for the advice, I will keep you updated!

[terryson01]

I think it is not possible to return laptop when you have receipt because you have not any proof of puchaging.

[Bookworm]

That is incorrect, terryson. As long as you can provide proof of purchase (bank or credit card statement, for example), you do not need a receipt.

 

This is from the Trading Standards website:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

"I have purchased some faulty goods, but unfortunately I have lost the receipt. The trader says that, because I do not have a receipt, I do not have any rights. Is he right?"

 

No! You do not have to produce a receipt in order to pursue a claim for faulty goods. However, if goods are faulty, your entitlement to a refund or repair may depend on the time that has passed since purchase. Also, if the goods have been sold at various prices then it is only fair that the trader will require proof of the purchase price or the date of purchase. Bear in mind also that if the goods are sold elsewhere, the trader will want to satisfy himself that he received the money in the first place. However, if you have a cheque stub, bank statement, or credit card slip, that should be sufficient.

[C&D]

The problem is I paid cash so I have no proof of purchase atall!

 

I phoned clubcard and they only hold records back to September (I think we brought it in May!) and their till receipts only go back 13 weeks.

 

I am annoyed with myself and know its my own fault for losing the receipt but I find it so hard to believe that even though their products have a year guarantee, they dont hold records for that amount of time!

 

Never mind... guess I have to accept that unless I find the receipt its game over!

[JB_]

He said that occasionally they can change items of a lesser value without a receipt but as the laptop had scanned at £299 he wouldnt be able to help.

 

I'm sorry to be picky but could you clarify this point? The retailer scanned the (presumably) unique serial from the laptop which confirmed they sold that specific laptop for £299?

 

Did the laptop contain a DVD player/rewriter?

[C&D]

I'm sorry to be picky but could you clarify this point? The retailer scanned the (presumably) unique serial from the laptop which confirmed they sold that specific laptop for £299?

 

Did the laptop contain a DVD player/rewriter?

 

Hello

 

The Duty Manager said that for items of a small value they would often be able to exchange the item without a receipt (they would never refund) but as my laptop was worth more, he wouldnt be able to offer anything. He did scan the barcode on my laptop box and it came up at £299 (I purchased it for £380 but would have been happy to pay extra or exchange for a cheaper one as I have lost receipt).

 

The laptop does have a DVD player/rewriter - why does this matter?

 

C

[JB_]

I would assume that laptops would have a unique serial number - and this is the number that would be tied in to their stock inventory system, though admittedly it may be a standard product ID. If they rely on a standard product ID what is to stop someone returning an identical product sold from a different retailer? If the serial number is in their system then I think they are on very dodgy grounds saying "there is nothing we can do". If they do not hold the data for that long (which would be bad practice in my personal opinion but there you go) how did they confirm the value was only £299?

 

Right, the DVD issue. This might seem like clutching at straws but in a previous job, we used our TVLA records to confirm a date of purchase.

 

The retailer is obliged under the Wireless Telegraphy Act 1967 to inform the TV Licensing Authority about any sale involving (among other things) a DVD Recorder. While there is some nitpicking and debate, I am firmly in the camp that considers a DVD ReWriter to fall under this obligation.

 

On this basis, the retailer had a legal obligation to take certain details - if memory serves your name, address and the date of sale among other things- so they could grass you up to the TVLA

 

Now the rest is fairly theoretical and I would love someone with a bit more knowledge to chip in. If the retailer retains this information (which they would be wise to do, as they get audited and fined if they do not have those details to match up against each relevant sale) then it might be available to you. I am wondering whether this information would be accessible via a SAR - (Subject Access Request) - as personal data being held by the company? I would argue this would be sufficient to constitute sufficient proof of purchase. Perhaps the TVLA holds data on the date of purchase and retailer, again accessible via S.A.R - (Subject Access Request)?

 

Personally I think the "We would do it if it was under £300 but we cannot do anything in this case" is not an acceptable answer.

 

Please note, lots of opinion and very little law! It also depends on how much effort you want to put into arguing with the retailer.

[JB_]

For some reason the above post keeps repeating "S.A.R - (Subject Access Request)" I'm not repeating it because I think you're daft, but when I edit the post the changes are not saving!?!

[barracad]

Right, the DVD issue. This might seem like clutching at straws but in a previous job, we used our TVLA records to confirm a date of purchase.

 

The retailer is obliged under the Wireless Telegraphy Act 1967 to inform the TV Licensing Authority about any sale involving (among other things) a DVD Recorder. While there is some nitpicking and debate, I am firmly in the camp that considers a DVD ReWriter to fall under this obligation.

 

That would only apply if the laptop had a built in TV Tuner - A DVD reader or writer would make no difference as a DVD cannot receive broadcasts.

[JB_]

That would only apply if the laptop had a built in TV Tuner - A DVD reader or writer would make no difference as a DVD cannot receive broadcasts.

 

I'm basing it on what the lovely people from the TVLA said to us when the company queried it. I know these organisations are not famous for taking the narrow definition on these things, of course

 

TVLA Website

Following a recent change in the law, retailers are now also legally required to notify TV Licensing of sales and rentals of VCRs and recordable DVD players. [emphasis added]

Does your laptop allow you to play and write to recordable DVDs? Mine does. It's a bit pointless having a DVD ReWriter if it doesn't This was the argument put forward by the TVLA and our company decided it was safer to tow the line in this instance.

 

Why not ask the retailer anyway?

[barracad]

The reason DVD Recorders are included and DVD players are not, is because a DVD Recorded has a built in TV Tuner so that you can record TV programs - that is what is the important point, not the fact that the DVD Recorder allows you to write to disc.

 

Unless the laptop has a built in TV Tuner, then it is completely irrelevant as no details would have been recorded nor sent to TVLA.

[JB_]

I appreciate the difference. My point is that, as a company, my old employer decided not to argue the difference with the TVLA and do as they directed - completing a TVLA form for each sale that included a DVDRewriter. Whether correct or not, the forms were filled in. It may be worth asking the retailer if they do the same. The worst that can happen is they answer "no".

[tiglet]

As a matter of fact, under the DPA, Tesco Clubcard are obliged to keep records for six years - you could always SAR them.

[ForestChav]

I would assume that laptops would have a unique serial number - and this is the number that would be tied in to their stock inventory system

I seriously doubt they would log where each serial number went. Logistically it would be not possible.

[barracad]

As a matter of fact, under the Data Protection Act, Tesco Clubcard are obliged to keep records for six years

 

Ummm... says who?

[C&D]

I am not going to pursue the TVLA route as I think that would get messy and I really dont have the time.

 

It would be good to know who says Tesco needs to keep clubcard records for 6 years although I would doubt this as they are an extremely large company and I wouldnt have thought they would do anything illegal that could open them up to criticism.

 

I have learnt two things from this:

 

1 - Pay for every large item on credit or debit card (as they will accept the statement as proof of purhase)

&

2 - if you do have to pay cash - keep the receipt somewhere VERY safe (and if you move house, ensure you know ehere you put them!!)

[Conniff]

I'm basing it on what the lovely people from the TVLA said to us when the company queried it. I know these organisations are not famous for taking the narrow definition on these things, of course

 

Does your laptop allow you to play and write to recordable DVDs? Mine does. It's a bit pointless having a DVD ReWriter if it doesn't This was the argument put forward by the TVLA and our company decided it was safer to tow the line in this instance.

 

Why not ask the retailer anyway?

 

As said, it is a dvd recorder with a tuner in it, the same as a vcr with a tuner in it. It's not a pc with a dvd recorder and has nothing at all to do with TVLA. If your boss is sending this information to TVLA then he is doing a lot of unnecesarry work.

It is only something that is capable of receiving 'live' tv broadcasts whether they have a recorder or not in them that needs to be informed.

[JB_]

I think I must content myself with having my point missed. It's largely academic anyway and of little benefit to the original poster. Apologies for taking the thread off topic.

[gilbertimlay]

That is incorrect, terryson. As long as you can provide proof of purchase (bank or credit card statement, for example), you do not need a receipt.

 

This is from the Trading Standards website:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

right Bookworm,no need reciept in bank or credit card statement.

 

Thnx

[tiglet]

I double checked with Tesco about the clubcard thing and this is what they have said:

 

Thank you for your email.

 

Please accept my apologies for the delayed response. I have checked and can confirm that if a customer doesn't use their card for over 2 years, their details are removed from our system. However, if a customer has been a member of clubcard for 10 years, and still uses their card, all points information will still be available to us if required.