Refund for gone off food without having the receipt

[ThisOneNoThatOne]

Does anyone know what my rights are please?

I bought a £16 chicken from Morrisons (I know it’s expensive for a chicken, but I try to get free range when I can) and when I came to cook it, it smelt awful. It was within date & I’d refrigerated it properly etc.

I contacted Morrisons for a refund, but as I don’t have the receipt any more they’re saying there’s nothing they can do. I’ve provided my card details, a screen shot of the transaction from my bank, a photo of the packaging and a photo of the chicken. I thought if a product was faulty you didn’t have to provide a receipt, just proof of purchase? Or is it different when it come to food products as I’m not actually returning the item (I put it straight in our food caddy as it stank!).

Does anyone know what my rights are so I can get back to them?

Thank you!

Challenge them again - ive had run ins with morrisons and had to keep going back as their first response seems to be to fob you off. I've always got a refund eventually although it doesn't help they take over a week to respond to emails, if at all - ive stopped using them as they are so rubbish here and the customer service is very poor

I think they need to refund you.

This happened to me with a chicken from M&S, I got a replacement chicken and a £15 voucher. They also wanted he barcode to contact the supply chain.

I didn't have a receipt and wasn't asked for one.

You should at least be able to get an exchange. Do you use a Morrison's more card? They might be able to see purchase history off that x

You’re not entitled to anything legally. As a gesture of good will maybe yes. The product is in date, appropriately labelled and packaged. something ‘smelling funny’ is very subjective. I always think raw chicken smells funny, it may be differently packaged I.e. modified atmosphere packaging

gawd, take it in and leave it right in the middle of the service desk, take all your evidence and make sure you have trading standards on speed dial!

Nice busy lunchtime should be about the right time.

Thanks everyone. It was definitely off, the smell filled the room!

I’d be happy with an exchange but they won’t do anything at the moment. I’ll keep persevering. It has put me off shopping at Morrisons. If only I’d shopped at M&S!

Think I would mention trading standards or whatever dept it is of your council.

Not fit for intended purpose. You’re entitled to a full refund even without a receipt. If you have card statement, you have proof of purchase. It’s section 14(2) of Sale of Goods Act that applies.

Go to store. Ask to speak to store manager. Tell him your rights. Say a refund will to nicely along with a free chicken as a goodwill gesture for your hassle. Explain you will be contacting environmental health to check on the other produce storage, if they cannot assure you it is an isolated mistake which they will put right.

I had this with Tesco some years back - bought a turkey for Christmas (use by 26/12), left it in my fridge from 23-24 Dec (fridge unopened and properly cold for 2 days), arrived back from visiting family late on 24/12. Got turkey out early on 25/12 to find it had most definitely gone off! Cue last minute rush to 24hr garage on Xmas day to get a chicken (in-laws coming for lunch for first time, wanted to put on a full spread!).
Couldn't get back to Tesco until 27/12, but took packaging (with date) and they tried to tell me I couldn't have a refund. I wasn't going anywhere though - I got there in the end, but really had to stand my ground. Apparently I should have taken the whole thing back, not just the pkg. Given the smell on 25/12, there was no way I was keeping it anywhere within nose-range for another 2 days!

Don't mention trading standards. TS don't deal with individual consumer complaints and haven't done so for years.

You're correct that you only need proof of purchase for a refund for something that is not fit for purpose. However what constitutes proof is open to interpretation, and the evidential burden is on you. As these cases are largely decided at small claims, it is down to the individual judge to decide if your bank statement is sufficient evidence.

I'm sure if you contact Morrisons again, they'll eventually offer a refund. Unfortunately meat is often stolen and sold on, so retailers can be dubious when someone tries to get a refund without a receipt. Contact them again, he calm and polite, and definitely no mention of TS!

Thank you, that’s good to know the Sales of Goods Act.

Poor you Reviewing, on Christmas Day too! I def won’t be buying my turkey from Morrisons (or maybe tesco!).

It’s section 14(2) of Sale of Goods Act that applies.

SoGA has not been good law since 2015! It's the Consumer Rights Act, I think s. 9 but double check that.

This is why you should not rely on forums for legal advice!

Card statement won’t show an itemised breakdown of what you bought, just the total spent

If the smell filled the whole room why did you put it in your ‘food caddy’?ifvit was that bad it would be off the premises surely

Yes the food caddy in the garden. My council pick it up every week so was the best place to put it

Honestly I think you’re wasting your time. Firstly you’d need to prove that you followed the cold chain properly. But more than that you’d need to prove it was ‘off’ by sending it to a lab for analysis. This is why most supermarkets just refund because it’s easier and keeps the customer sweet but they absolutely don’t have to

Is it morrisons branded or a brand which other supermarkets might sell?

I had exactly the same issue with Ice land purchased fresh chicken and the smell filled the room. Contacted them and they said they wanted a photo of the chicken, baffled me as the smell was the issue then they wanted a receipt. I payed by card but didn't have receipt and they refused to refund it!

Almost on topic but this thread reminds me of a "chicken" situation a few years ago but it was Asda I bought from.
Cooked chickens for lazy people and I was that person.
Wanting to eat it that same day I began to take it apart in my kitchen and found a long black human hair within the chicken. It wasn't sitting on the skin so I knew it had probably got there in the oven and preparation area of store where they cook all those tasty chickens.

I was quiet and polite when I took it back and explained I would like a refund. The lady who dealt with me suggested the hair got there in my home. I lived alone and my hair was short and not black!
She was not happy but neither was I !!! I got my refund. I know there are people out there who will try scams and tricks to get refunds or free stuff but I am not one of them.

I had this with M&S as a student, I bought expensive (to me) chicken took it straight home to cook and it was off, I went straight back as I lived down the road (with the foul fowl 😂) and customer services smelt it a mile off, refunded me the full cost (even though I had bought it on their 3 for £10 meat deal) and replaced it for me too. Dinner saved and a very happy student. I’ve not forgotten how good their customer service was that day.