ASDA want me to sue them - I have therefore duly obliged! - AND WON

[alanfromderby]

We have done all that we're able to do.

 

Should you need to send any legal documentation to us please send to the below address:

 

ASDA House

South Bank

Great Wilson St

Leeds

LS11 5AD

 

I had not used ASDA home delivery for a couple of years as they seriously messed me about last time - about half the bags were missing, and their "helpline" were not interested in finding out what had happened, all they wanted to do was refund what was missing. Eventually, after chasing it up with the local store, they "found" the missing bags and sent them round.

 

This time, again some items that had been checked through failed to make it on to the van. Again their "helpline" was not interested in getting the items to me, so I demanded the £5 back that they charge for this "service".

 

What incensed me though, was the attitude of the person on the phone, who could not be bothered about the hassle that these missing item had caused me. He just said that ASDA do not deliver missing items, they just refund them, and "it is up to you what you do" about obtaining replacements.

 

After sending a warning of legal action, I received the response above, basically confirming their "policy" and inviting me to sue them.

 

So, for the sake of £5, they are now going to have to pay out £45 - or considerably more if they decide they want a fight in court.

 

These are the POC's:

 

1) On 13/2/09 the Claimant entered into a

contract with the Defendant for delivery of

goods for a charge of £5. 2) The delivery

took place on 14/2/09, but was incomplete.

3) The Defendant refunded the missing

items, but it is contended that they should

also refund the delivery charge as the

Claimant was put to extra costs, and

had to spend time obtaining replacements.

4) The Claimant believes that the Defendant

breached the contract and is entitled to

recover the £5 delivery charge, and other

costs incurred. 5) If the Defendant claims

the right to keep the delivery charge, then

it is contended that the term is unfair

under the Unfair Contract Terms Act 1977,

and/or the Unfair Terms in Consumer

Contracts Regulations 1999, and therefore

the term should not apply. 6) The Claimant

claims £5 damages to cover the delivery

charge, plus a further £15 damages to cover

the cost of preparing this claim, telephone

calls to the Defendant, and time spent with

correspondence.

 

Obviously there are the usual constraints of the MCOL system - but if ASDA really want to argue about this, then bring it on.

[cadencealex]

I take it you have finished claiming against all the banks then?

 

 

 

 

 

Customer Services is absolutely disgraceful, I don't blame you.. and I can't believe they are treating you like this.. in a simple attitude of 'we don't care, so sue us'

 

I think everyone should boycott supermarkets personally, give the business back to the small traders.. who are disappearing on a monthly basis

[alanfromderby]

I take it you have finished claiming against all the banks then?

 

LOL - not quite, but my final bank claim is stuck in the system at the moment like many hundreds of thousand more I would guess.

[cadencealex]

LOL - not quite, but my final bank claim is stuck in the system at the moment like many hundreds of thousand more I would guess.

 

:D

 

I knew you couldn't be too busy right now

 

ASDA are awful, I remember a girl there on the till - as I was paying for my shopping, she told me the card had been declined. I was mortified, with my little girl in my arms telling her to wait there and I would nip to the cash point as I KNEW there was money in my account.

 

I went to the cash point, apologising profusely to the shoppers queuing.. only to find my account balance was EMPTY!

 

I was so upset I couldn't believe it and I had to leave the shopping there.. anyways.. I got home and phoned my bank and ASDA had charged me twice :-x

 

I was so upset, I had nappies, milk, wipes.. bread.. everything I needed desperately plus all the other shopping and then to think I had absolutely no cash..

 

Well.. I rang up and complained and they said it had been duly noted.

[alanfromderby]

Yep - it is the attitude at ASDA Customer Services that amazes me the most.

 

Strangely I had a similar thing happen at Sainsbury's with my card. The checkout operator made a mistake after the card had been authorised, she then voided the sale, but of course when she put it through again there was not enough cleared funds in the account.

 

I have to say that the supervisor in Sainsbury's was brilliant. She took my address and trusted that I would call in during the next couple of days to pay for the items, as she appreciated that it was their fault.

[cadencealex]

I prefer Sainsburys all around, but it's getting similar to Marks and Spencers in price now!

 

ASDA have gone right down in my opinion, although others say that ASDA are fantastic when returning clothes!!

[gyzmo]

I admit to being surprised. I have rarely had any problems with Asda.

 

My mother (a real battleaxe) complained once about some bacon that was out of date. She received a visit from the area manager and store manager, the bacon refunded and replaced along with a voucher. How's that for service!

[alanfromderby]

I think that the problem is often down to individual stores, and how they are managed.

 

The difficulty with their online delivery service is that it is a centralised call-centre that deals with complaints and you do not get any personal touch whatsoever. The staff simply follow a set of rules and have no authority to err from those rules.

 

The BIG problem is when you question those rules, as they do not know what to say, and make stupid comments like "it is up to you what you do" about getting replacements, and then saying that they cannot do anything more and giving me an address to send my court claim - which I did not need, but was probably the most helpful thing they did. LOL

 

I have worked for a catering company, and been involved with delivering to restaurants. If we spoke to customers like that when we had short deliveries they would soon go somewhere else!!

[Conniff]

I think everyone should boycott supermarkets personally, give the business back to the small traders.. who are disappearing on a monthly basis

 

Don't know if I agree with that. Our local shop is asking £2.90 for a tin of corned beed that can be got at Asda for 89p. (Same brand).

[alanfromderby]

Well - a week ago, I started this thread with a quote from ASDA Customer Services, which basically told me to put up, or shut up.

 

Today, they appear to have realised that perhaps it was not the best approach!

 

I'm writing following your claim made through Northampton County Court under claim no: 9QT25243.

 

I'm sorry to hear items were missing from your home shopping order and you didn't receive the level of service we expect. I understand why you're annoyed.

 

I've today refunded £45 back on to your payment card. This covers your claim in full including court fees.

 

Once again thank you for contacting us. Please let me know if I can be if any further help.

 

Yours sincerely

[andie_303]

LMAO - as ASDA's rival Teso says 'Every Little Helps'

[gyzmo]

There is a saying that everyone has their price.

 

Seems Asda really are not lowering theirs!

[pompeyfaith]

oh sweet touch Alan

 

Conniff that's not always the case milk in the co-op here is £1.59 for 4 litres but in the local newsagent come food store its only £1.43

 

So i guess the rule is shop around but as many people have busy lives and all they need to get everything in one shop so regardless of price the big store wins.

[Conniff]

Of course you're right PF, we all know there is no such thing as BOGOF or buy two get the third free. Someone is paying extra on something to make up the difference.

 

Well done Alan - that was a kick up the pants they weren't expecting.

[pompeyfaith]

yes conniff those BOGOF offers are a con u may end up saving a couple of pennies to increase there sales