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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My name is ***** ***** On the 30th March 2016 I saw an offer on

Customer Question

my name is ***** ***** On the 30th March 2016 I saw an offer on the Asda website for Jack Daniels Whiskey Apple Punch , normally £15 for 70cl and reduced to £7 per 70cl , so I ordered 24 bottles which was the maximum the online orders would take in one go , so it cost me £168 plus £2 delivery charge , all to be delivered Friday 1st April 2016 between 6pm-8pm . Low and behold as ordered the Asda delivery chap turned up bang on time BUT WITH ONLY 1 BOTTLE ?????? My mrs answered the door to him and told him we ordered 24 and his reply was that they only had 1 in stock , off he went and I checked my bank account and sure enough Asda had taken the money from my account , the full £170 , I sent an email to Asda asking them to sort out the order ASAP and to deliver the rest as quickly as possible also complaining to them that they had broken their legally binding contract with their customer ( me ) after they had taken money from my account and not provided the goods , they did not reply to my email and it is now the 4th April 2016 , I then took the time to find a phone number for their head office to complain directly to someone in person , the lady I spoke to said they would put me through to the right department to make the complaint and get it sorted , she put me through to an Indian call centre , Jesus you can't understand them at the best of times and all i could get was that my money was in some kind of holding account and that it would be refunded in 5 days time , furious is an understatement , £161 of my hard earnt money sitting in their holding account and them probably earning interest on it , ok my amount is a small amount but if they are doing this to everybody they are making a lot of money out of other peoples money they should not be taking from their accounts when they havent got stock of the items you want
Submitted: 8 months ago.
Category: Law
Expert:  tdlawyer replied 8 months ago.
Hello, thanks for your question. My name is***** can answer this for you.You are right that that appear to have broken a legally binding agreement with you. You could insist that they deliver the balance number of bottles due to you, or you could insist that you have a refund for the full amount, together with interest at, say, 3% for the time they have had your money. Sadly, there is little to stop them doing this king of thing in all honesty, but you're right with what you say, in that if this happens to a lot of people, the amounts they could make from the interest alone could be a sum worth making! The bot***** *****ne is that you can complain through their internal complaints process, and in all reality, you might even get an apology and some some vouchers! You might have to put in it writing through, I find it's less stressful doing that because, as you say, you can get communication difficulties with some people in other countries which can be frustrating.If all that fails, you could sue them for the things we've mentioned above.Hope this helps and answers your question.RegardsTony

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