How do i sue a company?

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Pencil Queen

don't you keep your reciepts?

yea but how do they know that i havent taken one from eg home and switched it?i cant prove the one i bought is out of date.

Reply 21

magiccarpet

blissy

So you and others have been knowingly buying sub-standard food for reduced prices. You got cheap food and now you want to wangle more money out of tesco? Riiight.

no. the food concerned is NOT reduced. it is full price and just left on the shelf for days on end. i dont mind buying cheap out of date food from the market, but not tesco (full price).

anyway, tesco only reduce food on the SELL BY date. they should not be selling ANY food after the USE BY date, by which it will be unsafe to eat

Reply 22

Six Dinners Sid

If its not reduced then just by the normal stuff. This thread started with a complaint that you were forced to buy the cheaper stuff because of your limited budget didn't it?

Reply 23

Howard

magiccarpet

no in donoghue and stevenson, the company was found guilty of negligence in checking the bottles for hygiene. here im saying Tescos is negligent in having out of date food for sale.

althogh i havent suffered harm from it yet, im sure someone else has/will

I'm very familiar with D&S (the snail in the bottle case) which extended duty of care.

When you suffer harm from the Tesco food you are consuming then D&S might apply. However, bearing in mind you know you are consuming food past it's "eat before" you may find that Tesco raise contributory negligence as a partial defence.

Reply 24

jason0506

magiccarpet

i dont think so. under the Food Safety Act 1995 (i think) all food must be of an 'accepatble standard" which is open to interpretation, and must be "fit for human consumption". may i also draw attention to the case of Donoghue v stevenson. i believe tesco is guilty of negligence

I really wish people stopped talking rubbish.
Have you developed a chronic indigestion or nausea or a post traumatic stress disorder like poor Ms Donoghue? Well, stop complaining then.
The ultimate cheek is to go and wilfully buy reduced food or even get it for free and then try to blame the company for selling it to you.

Plus, you can't actually be GUILTY OF NEGLIGENCE.
Ok?

Reply 25

Fluffy

magiccarpet

ok guys. this is my problem.
when i was waiting for my student loan to come throught i was poor. i lived off 15p food from the local market. it was cheap as it was past the USE-BY date as well as past the SELL BY date.
my local tesco sells me out of date food too.

how do i sue?

If it was reduced to clear due to short/passed sell by dates - i.e bakery goods etc then you can't do anything.

Reply 26

tkfmbp

Howard

you may find that Tesco raise contributory negligence as a partial defence.

may find ? With the money they have to employ a legal team (profits up recently!) I'd personally sack any lawyer who failed to bring it up immediately!

EDIT: Were I the lawyer's boss of course :tongue:

If you damn well eat the food knowing that it's past its sell by date then you will quite rightly be laughed out of court should you bring any type of proceeding.

Reply 27

Howard

tkfmbp

If you damn well eat the food knowing that it's past its sell by date then you will quite rightly be laughed out of court should you bring any type of proceeding.

FYI..........."may find".........said in a sarcastic tone........

Reply 28

magiccarpet

no i know that some of the full price food im buying is past the use by date so i chuck it out. i damn well dont think i should have to check the date on everything i buy.
and i do think tesco's is negligent fo not taking mouldy food off the shelf.

what is contributory negligence?

Reply 29

kiaora

what makes you think that you deserve any money? it was perfectly clear that what you were buying from tescos was past its sell by date (i seriously doubt that a store such as tescos would dare sell food beyond its use by date, which is quite a different thing) and it was your choice to purchase it. you decided at the time you wanted cheap food, fair enough, but you cannot blame tescos for that. just because the food was cheap and you're a student doesnt mean that tescos exploited you in anyway and you haven't suffered from any illnesses relating to the food you bought, so really, you have no case.

Reply 30

Chubb

magiccarpet

Don't think that you will have much of a case since you knew that it was past it use by date before you brought it and still took the chance therfore it could be argued by Tesco that you only brought it so you could sue them. Then again I'm not a law student and everyman and his dog seem to be sueing everyone else for the most trivial matters (ie he tried to save somebodys life and didn't succed therfore I'm sueing or he didn't try to save sombody's life for fear of being sued therefore I'm sueing! :mad:

) at the moment so maybe you could win.

Reply 31

tkfmbp

Howard

FYI..........."may find".........said in a sarcastic tone........

sorry mate...lol :biggrin:

Reply 32

magiccarpet

ant87

no no no!!! this is my point!!! it is past the USE BY DATE as well as the SELL by date.

im sure i have a case

Reply 33

NDGAARONDI

magiccarpet

no no no!!! this is my point!!! it is past the USE BY DATE as well as the SELL by date.

im sure i have a case

But did you knowingly buy the goods as out of date? :tongue:

Reply 34

magiccarpet

NDGAARONDI

But did you knowingly buy the goods as out of date? :tongue:

no!! if its reduced food past the SELL by date, thats ok. otherwise when its gone past the USE by and full price i hate this.

Reply 35

Howard

magiccarpet

no no no!!! this is my point!!! it is past the USE BY DATE as well as the SELL by date.

im sure i have a case

You're case extends to taking these products back and demanding a refund.

Reply 36

muncrun

From a practical perspective, suing is not a viable option. Your case would be heard in the County Courts. Given the time and effort this would take it wouldn't be worth it as the damages wouldn't amount to much if you won. Secondly, if you chose to get legal representation you ought to bear in mind that each side pays their own legal fees, regardless of who wins.
The only positive thing such a course of action could entail would be the experience of the courtroom.

Reply 37

NDGAARONDI

muncrun

The only positive thing such a course of action could entail would be the experience of the courtroom.

Which is easily acquired by other means anyway.

Reply 38

Dajo123

magiccarpet

If you take the negligence approach (as suggested by other posters) you must be able to prove you suffered tangible damages as a result of consuming the out of date food.