ASDA Black Friday Nightmare

mattyprice4004 · 20 December 2013 at 10:59AM

The quick summary is - you're not entitled to a replacement if Asda want to give you a refund.
It's their choice.

Poppie68 · 20 December 2013 at 11:09AM

Look on ebay...my daughter got a great flatscreen for £20.00.

timbstoke · 21 December 2013 at 11:19AM

Try this instead:

Dear Mr Clarke,

During your recent Black Friday sale, I purchased a Polaroid 32" LCD TV from your <location> store. On testing this, I found it to be faulty, with patching and shadowing throughout the screen.

I arranged with <location> store by phone to collect a replacement. The replacement was a different model to the one I had originally bought, however I was happy to accept this. Unfortunately, the replacement was also faulty. I contacted <location> store again, who asked me to return the TV. This incurred costs of £36 in taxi fares.

On returning the TV, the store manager refused to replace the TV with a working one, and was only prepared to offer a refund. After some discussion, I returned the replacement TV, and left with my original, as this was the better of the two.

I have since spoken with your Customer Services team, who have attempted to arrange a replacement on my behalf, however the manager is refusing to offer anything other than a refund of the £99 originally paid.

While I appreciate that the Sale of Goods Act allows you to choose to refund rather than replace, I do not feel that a refund is an appropriate remedy in this situation, as I can no longer buy an equivalent set for the same price.

I would be happy to accept either a repair of the set I purchased, or a replacement for a set of equivalent specification. However, if a refund is the only remedy that you are prepared to offer, I shall have to consider commencing a claim for the loss of bargain, to cover the difference in cost between the refund offered and the current cost to replace the set with an equivalent model.

I am reaching out to you directly in hopes that this situation can be resolved quickly and without legal recourse. I look forward to your favourable response.

Yours Faithfully,

JHFInfinity

It's still a bit long winded, but unlike your letter, it makes it clear exactly what you're looking for, and implies that you may be willing to take it further. I suspect it will be more effective than yours.

cookie365 · 21 December 2013 at 5:53PM

It's the 21st of December. Saturday the 21st of December. If the OP wants a replacement TV before Christmas, they need to buy one now.

mattyprice4004 · 22 December 2013 at 1:24PM

timbstoke wrote: »

It's still a bit long winded, but unlike your letter, it makes it clear exactly what you're looking for, and implies that you may be willing to take it further. I suspect it will be more effective than yours.

Seriously? The store can legally offer a refund, and the legal team at head office will know that and file this letter straight under 'bin'.
It may be more effective in that they make a paper aeroplane with it first, but threatening legal action because they're actually following to SOGA is quite amusing!

SOGA says nothing about a remedy being appropriate. If they want to refund, they can, and will. It's not something the OP has a say in once they've decided it's disproportionately costly (which it probably would be in this case).