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Contract law/consumer loyalty scheme

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The defendants in my county court fast track action have put in an application for summary judgement against me, and this will be heard in 7 day’s time.

1. Can I take action against this prior to the hearing, especially if I have more information to my original case statement that may well help me?

The defendants, Tescos, are alleging that my recycling 2000 inkjet cartridges through their scheme did not constitute personal and consumer use for the purpose of the scheme rules.

2. However, in myself acting as an individual in sending them cartridges to be recycled in exchange for points under their reward scheme, as per their terms and conditions, aren’t Tescos inviting me here to recycle not as a consumer but as a business to business transaction in effect? ie whether I recycled 2 or 2000 I wouldn’t be acting as a consumer?

3. How likely is it that a county court judge is going to decide that Tescos give me the full advertised (under Clubcard scheme) value to me of the cartridges (C£4 each) rather than a notional £1 each (approx cost of cartridges when they were accepted for recycling be Tescos)?

Tescos solicitors have said that in a recent similar case ruling, the judge struck out the claim as having no real prospect of success.

They have also stated that the crux of the case is going to be the wording of the contract itself (the overall terms and conditions) rather than the more specific conditions relating to the recycling scheme within the overall scheme and any parties discussions outside of the contract.

4. Does that sound correct?

Thank you for any input here!

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I fully agree with them on point 4. I personally cant comprehend why you have pursued this claim - on what possible basis do you think that you can win?

 

Point 2 - no they are not acting in a business to business transaction. They have offered a scheme to consumers, and as such (and they will have that on their T&Cs I have no doubt) there will be a clause stating that it is for personal use. To win this, you are going to have to show that your personal use was 2000 cartridges. Good luck with that.

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7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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