Small Claims Proceedings against Asda?

[jazztheman]

I am starting a small claims against Asda who have emptied my Asda Mobile PAYG account and promised me a refund several months ago. I never received the promised refund after months of communicating with them, they just keep informing me that the cheque is being processed and this has been going on for months.

When issuing small claims whom do I address it to? Is it just the company name Asda? 

[dx100uk]

UK Head office

check the FCA website register 

[BankFodder]

Send them on SAR.

Have you sent them a letter of claim?

It might be an idea if you told us the whole story

[jazztheman]

I have contacted Asda through email and phone calls and I have informed them that I am going to start small claims proceedings after seven days unless I received my cheque. This was around two weeks ago.

 

Asda recently changed their mobile network from EE to Vodafone and this is where the problem started. My phone was locked to the EE network and Asda could not provide an unlock code to use on their new network. It was agreed that I would be reimburse for the credit in my account and a cheque would be sent out, this was about 3 months ago. My Asda Mobile account was zeroed by Asda Mobile on the day that a refund was to be arranged.

 

My next step is to send a registered letter regarding my claim and 14 days notice to reimburse me before the official small claims commences.  

[honeybee13]

Hi.

 

So you said you'd start court proceedings if you didn't hear within 7 days but you haven't done it, if I've understood your post.

 

If you want to retain credibility, you shouldn't threaten and then do nothing. I can't see the point of offering another 14 days after the 14 day delay, but please wait for the legally minded caggers.

 

HB

[BankFodder]

Yes, the fact that you are sending out seven-day letters and then proposing to send out a 14 day letter suggests that you really haven't understood the steps involved in taking a small claim in the County Court.

You should probably hold your horses and take advice here and also read up on what to do before you launch into it.

 

Also, it looks as if you are proposing to sue on a promise to pay your cheque. This would not be an appropriate course of action.

You would want to sue on a breach of contract for having changed the terms of their phone service provision without accommodating your particular circumstances and thereby causing your loss.

 

You really should settle down and tell us the whole story in a bullet pointed chronological order and then we will help you deal with the problem in the most effective way.

It will only take two or three extra days if you tell us the story carefully and answer questions which we put quickly and carefully.

 

In fact I see that you've been here since 2007 so you should be familiar enough with the way we do things to understand that it's the best way forward.

[Andyorch]

https://www.which.co.uk/news/2021/03/asda-mobile-switches-to-the-vodafone-network-what-does-it-mean-for-you/

 

[BankFodder]

I see that the article linked above by my site team colleague doesn't refer at all to the problem of people whose Sim cards are locked to a particular service provider.

I'm wondering whether you have a more interesting course of action than simply getting a reimbursement of the money they took.

Once again, I think you should stop and that we should go through carefully because there might be a much more fruitful issue to pursue here.

In particular, I'd like to know what other losses this might have caused you if you have now had to change over directly to EE in order to be able to use your telephone.