Asda refusing a return

I purchased a breville microwave. Got it home and out the box. Plugged in and realised no glass dish in the bottom. Took back the next day and basically it turns out the microwave in the box wasn't even a breville it was a wilko own brand!  ASDA are refusing the replace or refund.  Of course I understand it from their point of view but where do I stand surely I can't just be expected to leave it ?? 
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  • user1977
    user1977 Posts: 17,256 Forumite
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    You picked up a box in store but it's the wrong item inside the box? Why are they refusing to replace or refund?
  • lincroft1710
    lincroft1710 Posts: 18,621 Forumite
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    user1977 said:
    You picked up a box in store but it's the wrong item inside the box? Why are they refusing to replace or refund?
    ASDA probably believe that the OP substituted the Breville microwave with a Wilko model. Obviously a possibility but an unlikely action.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Bradden
    Bradden Posts: 1,201 Forumite
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    user1977 said:
    You picked up a box in store but it's the wrong item inside the box? Why are they refusing to replace or refund?
    ASDA probably believe that the OP substituted the Breville microwave with a Wilko model. Obviously a possibility but an unlikely action.
    Unlikely? Maybe but it does happen.
  • lincroft1710
    lincroft1710 Posts: 18,621 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Bradden said:
    user1977 said:
    You picked up a box in store but it's the wrong item inside the box? Why are they refusing to replace or refund?
    ASDA probably believe that the OP substituted the Breville microwave with a Wilko model. Obviously a possibility but an unlikely action.
    Unlikely? Maybe but it does happen.
    Of course. Which is why I said a possibility but unlikely. 
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Ergates
    Ergates Posts: 2,867 Forumite
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    user1977 said:
    You picked up a box in store but it's the wrong item inside the box? Why are they refusing to replace or refund?
    ASDA probably believe that the OP substituted the Breville microwave with a Wilko model. Obviously a possibility but an unlikely action.
    It's not unlikely that's how they ended up with a Wilko microwave in a Breville box.   Some previous employee didn't check a return properly (maybe it was nicely taped back up) and it ended up back on the shelves.
  • Ergates
    Ergates Posts: 2,867 Forumite
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    lucyemma said:
    I purchased a breville microwave. Got it home and out the box. Plugged in and realised no glass dish in the bottom. Took back the next day and basically it turns out the microwave in the box wasn't even a breville it was a wilko own brand!  ASDA are refusing the replace or refund.  Of course I understand it from their point of view but where do I stand surely I can't just be expected to leave it ?? 
    Whilst the law is on your side - they have to refund you or replace the microwave.   Actually getting that outcome might be a little harder because they probably think you switched the microwaves.  Raise a complaint with them, if that doesn't work, send them a letter before action.  They may realise that someone who tried to con them probably wouldn't threaten to take them to small claims court.
  • bris
    bris Posts: 10,548 Forumite
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    Ergates said:
    lucyemma said:
    I purchased a breville microwave. Got it home and out the box. Plugged in and realised no glass dish in the bottom. Took back the next day and basically it turns out the microwave in the box wasn't even a breville it was a wilko own brand!  ASDA are refusing the replace or refund.  Of course I understand it from their point of view but where do I stand surely I can't just be expected to leave it ?? 
    Whilst the law is on your side - 
    Is it? Says who? The law isn't on anyones side here until the story is told in court and who, on the balance of pribabilities they believe.

    Just playing devils advocate here but it won't be their first rodeo.
  • Thanks for all your comments. I literally feel like I'm going mad. Its become the principle more than anything now as their tone is totally accusatory and now they are point blank refusing to look into it any further. 
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    Does the box show signs of being carefully opened then resealed? Check the base as well as the top.
  • The box has clearly been kicking around a long time. Couldn't tell if the bottom tape has been resealed. What's annoying is that ASDA are refusing to tell me whether this item has previously been purchased and returned either in store or online. That seems to be the obvious route to explore but they're just saying they won't and I should seek third party advice....
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