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where do i stand with asda???

24

Comments

  • PHYTHIAN
    PHYTHIAN Posts: 339 Forumite
    Ninth Anniversary Combo Breaker
    visidigi wrote: »
    So you contact trading standards, they wont take the case up for you, they will just provide information as to what you should say

    Agree with you there, don't think for a minute that TS are going to be building a big case about it however, in my experience, quoting 'Mr X from Trading Standards said........' normally prompts a positive response , especially with less than £30 at stake.
    Justice will not be served until those who are unaffected are as outraged as those affected (Benjamin Franklin) JFT96...YNWA
  • visidigi
    visidigi Posts: 6,722 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    PHYTHIAN wrote: »
    Agree with you there, don't think for a minute that TS are going to be building a big case about it however, in my experience, quoting 'Mr X from Trading Standards said........' normally prompts a positive response , especially with less than £30 at stake.

    They aren't afraid of a toothless outfit...besides as each day goes by the threat loses strength as retailers now know so few things actually happen when TS are involved.
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    visidigi wrote: »

    It comes back to the age old issue of if Asda didn't have stock what resolution would you expect them to provide? They could claim the stock in now isn't the same stock the OP was sent - the stock the OP bought was on sale BEFORE the 20% discount. So the sale stock could be completely sold out.

    But that's not what happened. According to ASDA there was stock and it was sent out. There's no point in speculating in "what if"s
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • visidigi
    visidigi Posts: 6,722 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    But that's not what happened. According to ASDA there was stock and it was sent out. There's no point in speculating in "what if"s

    Yes, but the OP is expecting it to be replaced or expecting to buy it at the same price. If its not available then what exactly do you expect Asda to do? What are they legally obliged to do in your opinion?
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    As said, it's loss of bargain. Buy the item elsewhere (whilst attempting to minimize losses) then claim the difference back from ASDA.

    Or more realistically buy the item from ASDA and do the same.

    Of course the best thing to do would be to inform ASDA they are in breach of contract and that seeing as the contract was concluded (item was despatched) they could be liable for loss of bargain and therefore the simplest solution all round is to allow the OP to purchase the recently increased item at the contractual price.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • Carrot007
    Carrot007 Posts: 4,534 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Yes, it is a family discount card, I did not suggest otherwise. My point is that if the OP is sufficiently difficult Asda could choose to dismiss her sister as a result - it would be very easy to do this *if* she has less than two years service.

    Actually, the discount is for the member of staff and one nominated person who has to live at the same address. (OH works for ASDA).

    Be very aware of taking things further if this is not your setup.
  • frugal_mike
    frugal_mike Posts: 1,687 Forumite
    visidigi wrote: »
    Yes, but the OP is expecting it to be replaced or expecting to buy it at the same price. If its not available then what exactly do you expect Asda to do? What are they legally obliged to do in your opinion?

    They are in breach of contract due to their own (via their agent) negligence. I'd say legally they owe OP compensation for the loss they caused and any cost involved in replacing the item.

    So they owe OP the value they paid for the item, and if the item can be bought elsewhere they owe them the difference between what they paid Asda Direct and what they pay for the new item (if it cannot be bought for the same price).
  • visidigi
    visidigi Posts: 6,722 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    As said, it's loss of bargain. Buy the item elsewhere (whilst attempting to minimize losses) then claim the difference back from ASDA.

    Or more realistically buy the item from ASDA and do the same.

    Of course the best thing to do would be to inform ASDA they are in breach of contract and that seeing as the contract was concluded (item was despatched) they could be liable for loss of bargain and therefore the simplest solution all round is to allow the OP to purchase the recently increased item at the contractual price.
    They are in breach of contract due to their own (via their agent) negligence. I'd say legally they owe OP compensation for the loss they caused and any cost involved in replacing the item.

    So they owe OP the value they paid for the item, and if the item can be bought elsewhere they owe them the difference between what they paid Asda Direct and what they pay for the new item (if it cannot be bought for the same price).

    I don't disagree to the loss of bargain aspect. Nor do I disagree on paper they are in breach of contract to an extent.

    There is one term they have in their T&C's thats pretty interesting
    14.6 We shall not be responsible for any breach of these ASDA Direct Product Terms & Conditions caused by circumstances beyond our reasonable control.

    One could argue this issue has arisen due to a courier mistake, which is outside of Asda's reasonable control - they can't directly control the courier's actions.

    Must admit, my experience of Asda is such that I would have expected them to have resolved this first time up, something isn't adding up here for me in the story. Most unlike them.
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Carrot007 wrote: »
    Actually, the discount is for the member of staff and one nominated person who has to live at the same address. (OH works for ASDA).

    Be very aware of taking things further if this is not your setup.

    If this is the case, then take the refund and move on. All my advice is based on a legitimate discount being given.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    visidigi wrote: »

    There is one term they have in their T&C's thats pretty interesting



    One could argue this issue has arisen due to a courier mistake, which is outside of Asda's reasonable control - they can't directly control the courier's actions.

    Of course this refers to T&Cs which are beyond legal rights, thought that is not made clear ;)
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
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