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Asda have taken money without permission

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Hi all, this is my first post so please bear with me. Just before christmas I ordered about £65 worth of shopping from asda online. The delivery driver 'broke down' so the shopping wasn't delivered and an arrangement was made to make the delivery the following day. When the shopping failed to arrive the second time I called customer services and was told that my original order had been cancelled and had to be re-ordered but they were having trouble obtaining payment from my debit card. I checked my online account and the money had already been taken the day before. I was told that because the original order had been cancelled the payment was refunded but this could take up to 5 days to get back into my account. The rep then told me that she would continue with my order and have it sent out but I would have to call back and make the payment when the refund had been returned to my account.

After the delivery finally arrived (third delivery attempt I was sent someone elses shopping so had to wait for fourth delivery... four days late!!!) there was an error regarding the delivery charge (I had been charged twice - even though I had originally used a free delivery code!). I've contacted them a few times since and said that I won't pay the additional charges and asked them to ammend the outstanding amount before I pay. They were due to get back to me but I haven't heard anything... until today I have noticed that they have taken the full amount from my account without my permission. The real annoyance is that I had another direct debit due out yesterday which hasn't been paid as there were insufficient funds - now I get a late payment charge as well as an unpaid dd charge from the bank!!! If I take into account the bank charges plus the doubled delivery charges I'm now £64 out of pocket!

Are Asda allowed to just take the money without my permission? If they can just take the cash then surely they should have let me know? Can I complain to anybody? Can I get my charges back?

Many thanks in advance


And yes... I am a bit of a wally :confused::D

Comments

  • Kilty_2
    Kilty_2 Posts: 5,818 Forumite
    By giving them your card details they have your permission to debit your account for the agreed amount iirc.

    I'd definitely speak to them about charges though - a lot of retailers will refund in those kind of cases out of goodwill.
  • Personally, if you gave your authorisation for the first payment but this was then refunded to yourself they need authorisation to take the second payment??

    Not quite sure but i would writte a nice letter. clearly stating what happened, list the over charges as well as the numerous failed delivery. I would also contact your bank and ask them as i think they will know what the exact legal standpoint is.
    I get what i want. That isn't because i'm a brat or spoilt. It's because i'm determined, i work hard for it and i achieve my goals!
  • RadoJo
    RadoJo Posts: 1,828 Forumite
    1,000 Posts Combo Breaker
    Just to confirm - am I correct in thinking that you had got the shopping at the time they charged you, and the only problem with the payment itself is the double delivery charge? If so, I don't think you can complain about them actually taking the money- you had the goods so they were going to have to charge you for them. If it was the extra delivery charges that you shouldn't have paid that made you go overdrawn then it might be worth pursuing with them, but I wouldn't bother even mentioning that you expected them to check with you before taking the money as it seems they have provided you with goods for which payment would inevitably have been due.
  • KeelyAJ
    KeelyAJ Posts: 2 Newbie
    edited 11 February 2010 at 2:12PM
    Hi Im new and have no idea how to post my own thread a yet, so I appologise for piggybacking this post.

    A week ago I made an order with Asda for some groceries and the delivery date was set for 1st Feb. The day came and went, no groceries. They set another date for the following day, something about a lost order or problems with the order. Anyway, that delivery didnt turn up and wednesday was the new day for delivery. It didnt come that day either even though the delivery status was saying that it had been delivered (impossible as I live in a block of flats which requires for anyone visiting to be buzzed into the building). I got cheesed off and cancelled the order, I'd rather walk the 2 miles to Tesco, frankly. The customer service rep assured me that no money would come out of my account. I thought everything was sorted.

    This Tuesday, I go to pay for groceries in a store and the card would not work. Apparently, I had insufficient funds, funny as I had lots of money in that account. I check my online banking the same day and I nearly die with shock, Asda have taken £5,015 out of my account. The original order was for £46.85. I am a student I am now thousands of pounds overdrawn, have no money to my name and being charged everyday for the money that has come out that Barclays are treating as a loan to Asda.

    I have been on the phone to them for two days and they say 7 days is the best can do to get the money back to me.

    How can this be possible? What can I do about it? Who can I speak to?

    Warning: do not rely on banks to keep your money safe either. Barclays ring every day if I take £10 out of a hole in the wall, £5000 goes out of my account and they dont bat an eyelid, send a letter instead informing me that my account has been missused... and charge me for the privelege
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    Keely, speak to your bank and explain the situation. Ask them to help with an emergency overdraft until your money is refunded. Pass on any charges (if they impose them) to Asda. Make sure you write to Asda as soon as you've spoken to the bank, asking for the 5 grand plus charges to be refunded. An ex gratia payment for distress and inconvenience is probably in order too.

    £5K????! How have they managed that?

    Not necessarily possible for everyone I know, but I always use a credit card for online purchases. I never use my bank account - stories like this are the reason why...
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • I have absolutely no idea how they managed it.

    Thanks for your help, on the way to the bank for the second time.

    First time they didnt want to know.
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