Asda 2-man tent in 4-man tent packaging

[DeniseTremble]

About 3 weeks ago, I bought with my debit card a tent (£40) from Asda

– the package described it as a 4-man tent, and stated dimensions of 240x210cm.

Went away at the weekend and erected the thing for use, and found it was not the product described on the packaging.

It was the two-man tent variant from the same product range – dimensions about 200 x150cm. Maybe someone had done a packaging-swap on the supermarket shelves and I was left with the consequences of that offence.

I don’t have a receipt – though obviously Asda’s computer system contains a record of the transaction against my debit card number.  

Took it back this morning to customer services, and my complaint was escalated to the manager  - summary as follows

• Manager: That’s  a four-man tent
• Me: No it isn’t, the dimensions are far smaller than the ones on the package get it out and measure it.
• Manager: (Declining to measure) You need to complain to the manufacturer (Ozark Trail).
• Me: No I don’t – my transaction was with Asada
• Manager: You could have swapped the packaging on the shelf
• Me: That would be criminality - requiring proof which you don’t have
• Manager (walking away) that’s a four-man tent
• Me: OK, I’ll take advice and come back    

What do I do next?

 

 

[DeniseTremble]

Many thanks for the prompt and very helpful advice…

…after reading it I did the following:

Removed the tent from packaging, laid it out, then measured and took photographs:

• Dimensions described 240x210cm
• Dimensions of supplied product 140x190cm

Reviewed my purchase history (a rarely spend more than £40 at the supermarket) and tracked down the details of the transaction (June 25^th)

Reviewed Asda’s returns policy here – stating amongst other things that “Faulty or misdescribed products must be returned within 1 year of purchase”

Printed out a sheet summarising these matters, and went back to the store, spoke again to the same manager.

This time he was much less brusque, fully acknowledging that the package contained the wrong goods, but whingeing a lot about the fraudulent returns problem at his store.

I noted that the burden of proof was on Asda, not me, to prove any fraud, and that I was claiming a refund in full compliance with the returns policy. He still declined to authorise any refund, and I commented that I would be taking the matter to head office complaints. He had a nametag “Chris” but declined to identify himself further.

So I guess I’ll do that – and will update here when I get a response. Best regards and thanks

Hmmm – 

I search the Asda website looking for their complaints procedure. it boils down to a bunch of menu options, none of which are applicable - I ring the in-store experience number and speak to a CS rep.

After 10 mins on hold he advises me that I need to take up the matter with the store manager – I point out that the store manager refused to comply with policy. CS rep says “sorry, if the goods had been in resaleable condition we would authorise a refund”. This weekend I had the choice between using the product, making it no longer resaleable, or sleeping in the rain.

Told CS I wanted to escalate the matter within head office, and after some resistance was given a Leeds address (I worked there as an IT consultant for a few months 25 years ago).

Won't be making any further purchases from that store (a place where I've spent £10s of thousands over the last 20 years) until after this matter gets resolved.

[DeniseTremble]

Letter sent to head office , will drop off a cc for the local store manager when I pass that way later.

Checked Monzo advice for chargeback - they have a process, but it requires that you first exercise the retailer's complaints procedure to its conclusion. 

Thanks a lot for the responses, I feel a whole lot less powerless than I did this morning, will definitely update here when further significant developments occur.

 

 

[DeniseTremble]

Monzo advice on chargeback:

“Before we raise a chargeback for you, you need to:

• Contact the merchant in writing and request a refund

• Keep a log of your contact with the merchant

• Wait 14 days”

Not ideal - but I'm prepared to be patient to get the correct outcome. Every day that I don't get a refund, my business goes to other retailers, the competitors of Asda.

Thanks for the the MoneyClaim and County Court links, I will review / register.  Happy to take all necessary steps to obtain a refund, even if it sucks up a significant amount of my time - because I don't want them to get away with this breach of the Consumer Rights Act. 

Will  review next steps when I get or response, or in 14 days (reminder has been set) whichever is sooner.

 

 

[DeniseTremble]

OK - had a snoop around the links, and attempted to construct a Letter of Claim which I intend to send to Asda lagal, seven days after my complaint letter. Attached as RTF file (can be read by any word processor, even Wordpad).

Regarding Monzo chargeback I'm somewhat concerned that it seems to operate along the following lines "You tell us why you think you need a chargeback, we''ll go and ask the nice merchant if that's OK". Also unclear whether I should take steps to go down the formal legal route and the chargeback route in parallel - clearly I can't get redress from both.  

Anyway I feel like I'm making progress here, finding it quite instructive to understand matters relating to consumer rights, and I look forward to delivering a cc copy of my Letter of Claim to the arrogantly dismissive Asda manager who repeatedly refused to refund me.

Letter_of_Claim_Redacted.RTF

[DeniseTremble]

Thanks very much - LoC has been tweaked as per your suggestions

This is a great site and community - when I get my 40 quid back, I'll donate it to CAG as a thank you. This was never really about the money for me, even less so now. 

 

[DeniseTremble]

Just received this response from Asda (14 days after posting complaint letter, 7 days after posting LoC).  

Good afternoon <redacted>,

 My name is Teegan I work in the Executive Relations Team at Asda and I will be responding to your complaint directly.

 I am sorry to read about your experience with the Ozark trail tent purchased from our Hulme store, I can appreciate how distressing this must have been for you. I would like to assure you we do our upmost best to ensure we are supplying the best possible quality items to all our customers. I am sorry this was not your experience on this occasion.

 I would like to assure you I have raised this to our technical managers and buying team who will raise a thorough investigation , in aid of this investigation it would be beneficial if you could return the items back to ourselves at Asda Head Office, you can do this by posting directly to us, or returning via the store and we can ensure this is logged via our Product Quality Team.

 In the interim I would be more than happy to provide a refund in the form of an e-gift card for the mentioned item, or alternatively if you would prefer a monetary value, this can be obtained in store by providing your proof of purchase, please do let me know how you would like to proceed.

 I look forward to your response.

 Kind Regards

Teegan

Executive Relations Team

I don't have an actual receipt for the purchase (just date / time / debit card number) - so I guess that means the offer is for a £40 voucher. Feel slightly nonplussed by that - but it's an easy to path to redress , and I feel it would be belligerent to refuse the offer. Unless the expert commenters here feel I should proceed differently, I think I'll take the voucher and abandon the legal proceedings. 

Not inclined to shop at that store again (the local area is very well-supplied with alternatives) but I can easily make a one-off purchase of 40+ quid with the voucher - that won't affect my previously stated intention to donate the monetary equivalent refund to this website. I don't imagine for one moment imagine that I'd have manged to achieve this much without your generous and penetrating advice. 

All comments welcomed

  

 

 

[DeniseTremble]

Would prefer cash, though it's not a strong preference. I can easily get a screenshot of my Monzo mobile app showing date / time / recipient / total transaction value that included the £40 for the tent. 

[DeniseTremble]

Hi Bankfodder

Thanks for the text above, it summarises my thoughts rather well - feels almost like I've had my mind read... The only minor point with which I disagree is "almost 6 weeks of corresponding" which may have been a misunderstanding - my original in-person attempts to obtain a refund took place two weeks ago, Monday July 24th.

I summarised the same points in my own words, attached - thank you for your excellent guidance.

Obviously I'll post here again when the refund is received - thanks and best wishes

 

 

 

 

Email Response to Asda CS Offer of Refund.RTF

[DeniseTremble]

Went along as agreed, and presented the tent along with a printed copy of the most recent email from Teegan of Asda Executive Relations. I eventually found myself talking once again to Chris the store manager. He maintained that there was no authorisation for a refund, and that Teegan was unavailable, not working that day.

Emailed again to AER telling them to issue explicit instructions for an immediate in-store cash refund, and that any further obstructive behaviour would be interpreted as deliberate noncompliance. I offered to make one further visit to the store and no more. Teegan responded within an hour, apologised,  and reassured me that she had telephoned Chris and clearly instructed that the refund take place in-store without delay.

Returned to the store at5 16:30 and the CS desk staffer, who'd clearly been briefed,  processed the £40 refund without any debate – as a debit card credit. I thought about demanding cash, but by that stage, I just wanted it all to end. Anyway, SUCCESS! When the refund appears on the card (I was told to expect around 2 days), I will make my donation as stated.

Feel a bit battered and bruised from my experience of standing up to abuse of corporate power – but I’m very happy to have achieved this outcome, which I would never have managed without the support and guidance received here. Big THANK YOU to everyone here, especially the Site Team, for doing such great and necessary work.

I don’t plan to go back to Asda …and next time I go camping, it’ll be in a decent-quality tent - not a supermarket item. Also, I promise to do a back garden test-erection, before I pitch it for real!

[DeniseTremble]

Store manager was known to me only by the name on his standard-issue Asda "Happy to Help" badge: Chris. When I asked for his full name he refused to provide it.

Possibly a corporate policy - the Exec Relations complaints-handler Teegan also provided only her given name.