foreign body in cakes from asda

Oli.s

Id be interested in the odds of finding something in these products to complain about, most I ever won on a scratchcard was £10, if asda gives better odds for £50 I might have to make the switch..lol

OlliesDad

lcbkirkby wrote: »

And an explination how egg custards are made, Nice:( Should we seek the advice of a solicitor.

That's great.. now you know how to make them you no longer need to buy them! Problem solved.

JimmyTheWig

Ok, Asda made a mistake.
That's unfair on you and your wife.
Compensation (which may or may not need a solicitor to obtain) will put you back in an equal position to if they hadn't made that mistake.
So they should absolutely give you the cost of the cakes.
They should absolutely give you the cost of your expense in returning the cakes (e.g. bus fare, petrol, car park, etc).
I would also expect a token of goodwill above this.
I think the £10 gift voucher covers this (quite well, I think). So that is fine.

The only issue is the vomiting. If the vomiting caused the OP's wife to take the following day off work and as a consequence lost pay, and if the vomiting was due to the contamination of the cake, then Asda should be paying for this, too. Which the £10 voucher won't cover and the OP could take this further.
But proving that it was the contamination of the cake that caused the sickness the next day would be necessary if it went to court, and I have no idea how the OP would do that. I can't imagine that there is a medical reason why a bit of old, burned pastry - which can only have formed a small part of the one mouthful consumed - would cause sickness. So we'd be looking at the mental side of things. Not worth pursuing, in my opinion.

OP, assuming that it was the store who gave you the £10 gift card, you might like to write to head office and tell them what has happened. Don't ask for compensation (without medical reports on what happened the next day there is nothing to be compensated for) but mention that you don't feel a £10 gift card represents sufficient goodwill for what has happened.
You may well get another tenner out of them.

Melissalouise

Had the same sort of thing happen to me recently ... Except my 3 year old son chocked on a piece of rubber about an inch and a half long had to pull it out from back of his throat (he's only 3) ... It was sent off for testing yesterday ... If they offer me a poxy £10 gift card I'll be throwing it back at them it's no compensation!!! And I will take them to court over it ... This isn't the first time I found things in my asda make foods found a chicken claw in a Kiev once!!! There quality control policy is !!!! something needs doing about it!!!

unholyangel

Melissalouise wrote: »

Had the same sort of thing happen to me recently ... Except my 3 year old son chocked on a piece of rubber about an inch and a half long had to pull it out from back of his throat (he's only 3) ... It was sent off for testing yesterday ... If they offer me a poxy £10 gift card I'll be throwing it back at them it's no compensation!!! And I will take them to court over it ... This isn't the first time I found things in my asda make foods found a chicken claw in a Kiev once!!! There quality control policy is !!!! something needs doing about it!!!

Perhaps you can elaborate on what loss/harm has been suffered that would stand up legally?

Money-Saving-King

Melissalouise wrote: »

If they offer me a poxy £10 gift card I'll be throwing it back at them it's no compensation!!! And I will take them to court over it ..

And how much do you think a court will award you?

If you think going to court will make you big bucks you've been watching too much TV!

Fosterdog

If the quality control is that bad why do you still shop there? And more importantly why do you still buy their own brand products?

Gavin83

I too am curious, what amount would they have to offer for you to consider it a fair offer?

Darksun

Melissalouise wrote: »

This isn't the first time I found things in my asda make foods found a chicken claw in a Kiev once!!!

You found a bit of chicken in your chicken? Shocking... :eek:

GuttedTBH

I can tell you what will happen here.
And firstly, you are lucky to get the tenner as a good will gesture, you are entitled to nothing, I'm sorry.

I worked in the 'End of line inspection' sector for many years. These are the check-weigh, metal detection and x-ray machines at the end if every food production line in the country. The are the very last thing a product goes through prior to being placed on a pallet and shipped. In the case of egg custards (my fave) all the constituent parts will have been metal detected 2 or 3 times along the line prior to packaging and final inspection as well.
if you take this further, Asda will simply need to prove that there ELIE (End if Line Inspection Equipment) kit was working, calibrated and tested (usually every hour)

Believe me, they WILL be able to do this. Asda and M&S are the 2 hottest customers with this stuff and many of the 'optional' extras you have fitted to most ELIE kit are calked 'M&S' or Asda upgrades.

You can be confident that however unsavoury you may find it, whatever was in your custard was not 'foreign' in so much as, if it were, it would have been detected and rejected. Obviously, it isn't meant to be there, but whatever it was, it's origin was of the same stuff as your actual custard, so oven bits is entirely possible and likely.

The case of the rubber above is different. If this product originated in a factory with only metal detection, as is the minimum legal requirement, then obviously it isn't going to find rubber. You will be compensated accordingly.

Hope that helps and explains a bit.
:-)

Anybody wants to know more, just ask.