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Asda Direct - I can't believe this?

ACEIRONBALLS
ACEIRONBALLS Posts: 2 Newbie
edited 6 September 2014 at 3:24PM in Consumer rights
Hi

New to forum as a poster, so here goes! I tried to post earlier but I think I made a mistake, if my original post turns up in the wrong place I apologise

I bought sale items from Asda Direct

The items were in stock when I purchased them - this was confirmed in an email from their executive team.

Asda sent me the wrong items by mistake - this was also confirmed in an email from the exec team

I ordered 5 of the same sale price items over a 3 day period, and Asda made a mistake of sending me the wrong items every time, also have this confirmed in email from exec team.

Now - I want Asda to replace the wrongly sent items and replace them with what I actually ordered - but they are telling me that the original sale items are out of stock now and they are not therefore liable, their employee also quoted this was covered in Trading Standards, all they have offered me is a refund of the money I paid and a £50 gift voucher for bringing this to their attention>

I feel this is shocking behaviour by Asda and have told them we had a contract of sale, they've confirmed the items were in stock when purchased, their staff or systems have botched my orders over a 3 day period and they tell me they are not liable!

I have refused their '£50 gesture' and have asked them to provide the items I purchased originally or like for like replacements.

They have raised my expectations and because they made a number of mistakes on each of my orders over several days I'm expected to lose out on the sale price items I wanted

What do you think? Where do I stand with this?

Cheers
«13

Comments

  • molerat
    molerat Posts: 35,800 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Take the £50 whilst it is still on offer. That is more than you are legally entitled to.
  • DCFC79
    DCFC79 Posts: 40,644 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 6 September 2014 at 5:33PM
    To be honest your back in the position you are before you ordered the first item plus £50 up so a much better position. What were the items or how much were they reduced too ?

    Why not use the £50 gesture to buy the next best alternative ?

    Yes a mistake was made so bad Asda, its a bit odd how the same error was made consecutively.
  • If the items are out of stock then they cannot send them so I would take the £50. Very disappointing I imagine though.
    "'Cause it's a bittersweet symphony, this life
    Try to make ends meet
    You're a slave to money then you die"
  • Carpi09
    Carpi09 Posts: 300 Forumite
    Seventh Anniversary 100 Posts Combo Breaker
    Think this is a troll. This seems ridiculous.
    :j

    Planning for my future early

    :T Thank you to the members of the MSE Forum :T
  • burlington6
    burlington6 Posts: 2,111 Forumite
    1,000 Posts Combo Breaker
    Very impressed with ASDA in this situation
  • bazzyb
    bazzyb Posts: 1,586 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I want Asda to replace the wrongly sent items and replace them with what I actually ordered

    Unfortunately as the items are out of stock, Asda can't physically send you items that they don't have.

    A full refund would be the obvious solution so you are not out of pocket. As they have not only offered you this, but an additional £50 gift card I would snap their hands off. That is a very generous offer and I'm struggling to see why you don't acknowledge that.
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    If they kept sending you the wrong thing chances are there has been a mistake and a mix up on the items listing.

    AKA selling it for the wrong price (pack of 10 instead of 1 item etc) or a mixed up description.

    As you bought 5 I assume it was a fairly 'good' deal which you thought you were getting...
  • Thanks for the replies so far to this - There is a bit more to it than I originally posted, this dispute has been going on for some time

    Whilst I was still trying to get the items I had originally ordered, Asda Direct were telling me they were out of stock, their customer services were telling me I could exchange them if they ever come back in stock etc

    I am angry and intend pursuing this because - 7 days after I had first raised my complaint, Asda Direct were selling the same items again for the sale price I had missed out on - they did not inform me despite the constant communication that was going on between me and them and they are now out of stock again.

    Shouldn't they have had a duty tp resolve my situation first? They certainly had ample opportunity to.
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    I am angry and intend pursuing this because - 7 days after I had first raised my complaint, Asda Direct were selling the same items again for the sale price I had missed out on - they did not inform me despite the constant communication that was going on between me and them and they are now out of stock again.

    How do you know anyone who ordered during that period got the items?

    Maybe they also got the 'wrong item' or nothing at all with it being out of stock.

    What was the items or what was the 'special deal' which made you decide to buy 5?
  • bazzyb
    bazzyb Posts: 1,586 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    There is a bit more to it than I originally posted

    The additional information you have posted makes no difference, the advice you have already received is correct.
    Shouldn't they have had a duty tp resolve my situation first? They certainly had ample opportunity to.
    They have offered a full refund, which resolves your situation entirely.
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