Thread: New to the Forum and Just been sick with worry

Welcome to the site.
From what you are saying it looks like the errors with the groceries-the overcharge took you over limit ?
You need to put the complaint in writing to both the supermarket AND the bank.
Its ok to say here who they are-since it may assist users to give help.Keep things together so that you have a way of navigating a response.
Your bank has discretion to waive the charge or refund it-Have you been hit with charges recently on this account ? explain to the supermarket that their actions have caused you to incur charges-they are likely to want proof of this if they are to consider covering the charges.We can probably assist you with a letter.Its unlikely that any supermarket would want to face small claims action for something they would likely lose-based on what you have said...and particularly in relation to the amoount we are talking about.

Originally Posted by pipistrollers

The problem with the bank has been sorted out. There is still the problem in that ASDA did not keep their promise by substituting goods. Also, the manager I spoke to on the telephone told me that the total amount of my shopping should have been £44.91 and NOT the £56.91 the manager calculated it at. The original amount emailed to us was £72.61, the receipt which came with the groceries read £68.61, the home shopping manager recalculated this amount on the telephone to be £56.50 so reduced it to £50 for the trouble I had been put to but the actual proper amount should have been £44.91 so they have still overcharged me and taken the money from my bank account. No one at ASDA will help me, they have even suspended my online shopping account!!! I have emailed a formal complaint to their comments section on their website as customer services refuse to give any email address to contact anyone.

I recommend that you write a detailed complaint letter threatening to issue court proceedings against them for the amount they owe you plus interest if the matter is not rectified within 14 days. Also demand compensation and that you will report the issue to Trading Standards.

Send it to:

The Directors Office,
ASDA STORES LIMITED,
Asda House,
South Bank,
Great Wilson Street,
Leeds,
LS11 5AD

Send it by special delivery [not recorded delivery or first class], demanding also that they compensate you that expense [costs £4.60].

If you draft the letter and post it here [minus the personal information], I'll try and proof it for you.

Good Luck & Please keep us posted.

Originally Posted by noomill060

As you bought this stuff online, it comes under distance selling regs, which allow you to reject any or all of it within 14 days of delivery for no reason and the seller must reimburse you without question.

Suggest you now do so.

Why? The OP obviously wants the items he received, so why should he go through the trouble of returning the stuff and having to buy it elsewhere? The problem is only with the overcharging.

noomill060: If you want to add something to a post and nobody has posted in response to it, please edit the post, as opposed to adding more posts to the thread and confusing matters. If somebody has responded to it, either post a new post only in response to that, or edit the post and write "ADDITION" before the added part.

This would make life easier for everybody including the OP and cut the size of the thread. If a mod could merge all the posts of "noomill060", so far on this thread, as they are not anything new or in response to any new posts, it would be appreciated!

I wouldn't be surprised if half - at least - of your 3,650 posts since joining the forum are like this!

Originally Posted by noomill060

legalpickle is suggesting that legal action be started for a grocery overcharge of £23.70 which would entail a possible court hearing, extra court costs and postage.

Suggest you get things in proportion. Court should always be the last option.

noomill060: Read my posts! Where did I suggest court action should be initiated? If you read my post clearly, then you will see that I am suggesting the OP write a letter to ASDA threatening court action. That does not mean I am suggesting court action be initiated! Quite often a company the size of ASDA will realize that they are at fault and refund without any court action being necessary.

In fact, in my experience with 3 complaints to ASDA, they are dealt with extremely quickly and satisfactorily once a threatening letter is received and they know they are at fault. From 3 complaints, 2 took one week to be dealt with and 1 took 2 weeks from when they received my letter!

And even if they don't rectify things when they receive a letter - which is extremely unlikely, considering their obvious mistakes - what's wrong with court action for such a small sum? In the most unlikely scenario that ASDA were to defend, it's likely the judge would reprimand them more than the Claimant, as they are a big company abusing their power. The Claimant was standing up for his rights. I say this from experience. I took a large company to court for £9.97 plus court fees - you'll call me mad and probably be right, but they were madder - they defended the claim! It went to hearing and the large company - who travelled 50 odd miles for the hearing were reprimanded and ordered to pay all the expenses I incurred in making the claim.

Originally Posted by noomill060

Correction-

legalpickle is suggesting that legal action be started for a grocery overcharge of £5.09

noomill060: Firstly, again I repeat, read my posts! I did not recommend that court action be initiated only a threatening letter be sent.

Secondly, read the OP's post! I quote below that he has been charged £122.61 instead of £50 which by my calculations is £72.61 not £5.09. Yes, the OP has since sorted out the problem with the bank, but did not state that the refund of the withheld amount has been dealt with. In addition, at the time of my post to which you are referring the OP had not posted the second message advising of the correction with the bank, so my post was solely based upon the OP's original post which showed £72.61 being overcharged. Despite this I still reiterate my first post with its advice, because I was not recommending court action.

Originally Posted by pipistrollers

I logged into online banking a short time ago and have found out that my balance is now past my overdraft limit. The £72.61 is still in witholdings and another £50.00 has joined it. This can only be from the supermarket. They have put both amounts into witholdings so instead of charging me £50 for my shopping, they have put £122.61 into witholdings.

noomill060: Maybe before you start fights you will read posts in future. All my posts have been for the benefit of the OP and others who may be reading the thread. This also goes for my request of you to edit your posts rather than quadrupling them. It gives you more posts but makes it harder for people to go through the thread.

Now can we please get back on topic?!?!?!

pipistrollers: Any updates? Have you drafted a letter?

Originally Posted by noomill060

If you have a problem with other Caggers, probably best do it by PM. Suggestions as to etiquete would probably be better sent to the CAG site team. Site rules do not permit the posting of stuff that can be seen as or are directed at other users to cause personal offence.

To clarify, none of my posts were a personal strike at anybody. You criticized my recommendation - as is your right and if it is a reasonable criticism always recommended as it builds a better community - and I responded pointing that you criticism was unjustified as you had obviously not read my post.

Likewise I criticized your mention of the Distance Selling Regulations in this case, for the benefit of the community.

I also asked you to merge posts in future for the benefit of everybody - not only myself. It was a request between two people who I'm sure have the interest of the community at heart.

Originally Posted by noomill060

One final suggestion for the OP though, after reading Asda's policy on overcharging, a complaint to TS to force Asda to apply their own policy could actually be more fruitful.

They state they will refund the difference -AND give you a £2 gift voucher for each product overcharged.


ASDA



"What happens if I am overcharged?
If you have been overcharged in any of our stores we will gladly refund the difference (if you have been overcharged) and give you a £2 Gift card voucher for each product you have been mischarged for."

Interesting policy! Thanks for posting that link noomill060. I stand by my recommendation to make the complaint in writing as e-mail has not helped.

It may be wise to put in there that as this is their policy - quoting the amount of items there were on the receipt that were overcharged for - if they don't provide it within 14 days you will [I'll reiterate this is a threat, not necessarily an intention - but you don't tell them that] issue court proceedings for the promised compensation - as it's part of their policy thus the agreement that you agreed to when you made the order you will claim those amounts as well plus interest [at 8% per annum pursuant to s69 of the County Courts Act 1984 - always quote these minor things as it makes them think you're serious] and you'll report them to Trading Standards [mentioned in my first post].

I don't see the point in a complaint to Trading Standards at this stage. Firstly, TS themselves tell all complainants to write to the company involved first. Secondly, from my experience TS rarely does anything in these cases. Thirdly - and most importantly, it's most likely ASDA will settle according to their policy without TS providing the OP writes to them.