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arjun_202

chicken "MOULD" sandwich

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hello there,

 

I bought a Rustler's chicken sandwich from a Scotmid outlet today. I was horrified to find mould growth on the chicken when i opened the pack. the useby date for the sandwich is 06 december.

 

do you think i can sue the sandwich company for negligence? (I haven't eaten it yet! I am aware that I will get my money back if i take it back to scotmid but i wanna make a point about health and safety for the consumers). how shud i go about it? is there a consumer court in Edinburgh??

 

kindly advise

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I don't know about sueing them, as it hasn't effected your body in anyway, and yes whilst it shouldn't have happened, imho the best course of action would be to first get your money back and complain at the retailer. Then next find a governing body (is there one that deals with food manufactures?), and write a formal complaint about the company and your concerns about the food. This is my personal opinion, but as its not affected you (you spotted it) and no harm has come I don't see how you could sue them. (Its like you getting a reward for noticing somethings faulty with a product)


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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If you return it to the store for a refund, that will be the end of it. They will 'write-off' the cost and bin the sandwich.

 

If you want to make a point, then take the sandwich, packaging and recipt to environmental health at your local council.

 

You may not get your money back, but you will have the satisfaction of the store having to explain to an EHO - it may eventually lead to a prosecution. EHO's like the occasional 'easy' one pour encourager les autres. The store have, however unwittingly, committed a criminal offence.

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Hi,

 

There are three possible courses of actio depending on the outcome that you want.

1 Return it to the store where you will get a refund, end of story.

2 Take it to environmental health where store may be prosecuted as may the manufacturer, you end up with nothing.

3 Send it to the manufacturer who will probably fall over themselves to shower you with free products to avoid the scenario in 2 above.

 

Your choice!

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I think i will go and report to the environmental health office!

 

cheers for the advices

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I'd go for option 3 personally...for 2 reasons

 

1. If your willing to eat a rustlers in the first place then lot's of freebies would be great.

 

2. I have been drinking and so now I'm hungry for some rubbish food.

 

Seriously though, the cause could be simply a tiny pin-prick puncture in the packaging - these products have extraordinarily long shelf life due to inert gas, if it escapes then the sandwich is back to a 3 day life.

 

There's not a lot environmental health will do, you'll get much more mileage taking it to manufacturer.

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This is one of the first cases is tudied when i was studying law hope it helps.

Donoghue v Stevenson [1932] the founding case of tort law.

Claimant had gone to a cafe with a friend, who had bought her a drink of ginger beer. She had poured some of the drink into a glass and consumed it. When she poured the rest she found the decomposing remains of a dead snail.

Claimant became unwell and brought a claim of tort negligence against the manufacturer.

Because this was a unique case it was decided to first establish if it was legally possible for the manufacturer to be liable in law. This meant that the House of Lords considered only the issue of legal liability (the H of L referred the issue of factual liability back to the court, in which the case was started, so they can determine the facts within the case - e.g. was there a snail within the bottle and whether the manufacturer was negligent etc).

However, the House of Lords did decide that the manufacturer could be liable in certain circumstances. In deciding the legal principles, Lord Atkin commented:

"The rule that you are to love your neighbour becomes in law, you must not injure your neighbour: and the lawyers question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then is my neighbour? The answer seems to be - persons who are so directly affected by my act that I ought reasonably to have them in contemplation as being affected when I am directing my mind to the acts or omissions which are called in question."


hsbc

Claim served on 13-08-2006

 

full refund .19-08-2006,

23-08-06 cheque arrived £580-deal.:D

 

capital one .

Filed claim against 16-08-2006 for £340.

Capital one 02-09-06 offer £383 refund to account.deal:D

 

Abbey Data Protection Act 4-07-06

 

issued court claim for £189 16-10-06

waitng for allocation nov21-11-06:cool:

 

 

Pleae make a donation to site, when you win-- I DID

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I used to work for a manufacturer (Bakers) and dealt with various complaints from the public.

 

I personally would contact the seller were the purchase was made and express your disgust. Ask what they intend to do to make ammends but at the same time refuse point blank to accept the burden of returning the goods.

 

They should contact the manufacturer who in turn will contact you.

 

Normally they will shower you with freebies in the hope of getting hold of the offending product. This is were tact comes into it. Cut the product and its packaging in half. Place one of the halfs in a sealed freezer bag and freeze it. Use the other half for your complaint and if your not fully satisfied with what they offer to make amends, you have the frozen half for you Local Enviromental Health.


PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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I had a complaint with a tube of Primula! Bit difficult to cut in half!!!! But very clever and sneaky


17/4 Sent CCA Request to Cabot - Argos/Cabot

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deAr SCOTMiD , iF yoU eVer WAnt tO SeE tHE oTheR hALf OF yOuR ruSTLers cHICkeN sAndwiCh aGaiN , deLiVEr 1 mIlliON pOuNDS to ThE dOckS aT MIDnigHt...


-----

Click the scales if I've been useful! :)

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deAr SCOTMiD , iF yoU eVer WAnt tO SeE tHE oTheR hALf OF yOuR ruSTLers cHICkeN sAndwiCh aGaiN , deLiVEr 1 mIlliON pOuNDS to ThE dOckS aT MIDnigHt...

 

:lol:

ROFLMAO

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