Zanussi Integrated dishwasher - £94 delivered @ B&Q Possible misprice

janequeenie

YTS , i suggest you read the sale of goods act which can be found on the internet.i tend to find that consumer direct/trading standards are a bit wishy washy and dont enforce anything unless you give them a push.

smk77

frdjns74 wrote: »

Cool my Sister needs 1 I will tell her:p

Have I missed something (i.e. a joke) or have you not read the thread?

taxiphil

YTS wrote: »

Contacted Customers services direct, see below for response. I assume they know what we are entitled?

Thank you for your recent email concerning the dishwasher from B&Q. As the trader has refunded you the cost of the machine then legally they have remedied you for the breach of contract and do not need to offer you anything more.

You can still ask the trader for what you want as a goodwill gesture to you and we would advise you to put this in writing and send it to the traders Head Office. Our experience shows that a well worded letter often results in the consumer getting more than they are entitled to.

If you require further advice or information about this case, please do not hesitate to contact Consumer Direct on 08454 04 05 06 quoting the case reference number.

Consumer Direct are a pretty shoddy call centre operation run by the government, whose remit is to reduce the amount of actual work that Trading Standards have to do. On this occasion their advice is badly wrong and suggests the advisor concerned has no basic knowledge of contract law. They've made the classic mistake of thinking that breach of contract is remedied by putting the innocent party in the position they were in before the contract was formed, when it's actually remedied by putting them in the position they would have been in if the contract had been performed.

It's interesting to look at the last time a similar fiasco happened with B&Q over the garden rooms misprice:

http://forums.moneysavingexpert.com/showthread.html?t=733501

Many people on that thread individually contacted Consumer Direct and were given a variety of different responses to the same question - some right and some wildly incorrect.

To Consumer Direct's credit, here are some examples of when they got it right (compare and contrast with the above response that YTS received!):

http://forums.moneysavingexpert.com/showthread.html?p=8864795&#post8864795
http://forums.moneysavingexpert.com/showthread.html?p=8664463&#post8664463
http://forums.moneysavingexpert.com/showthread.html?p=8648141&#post8648141

TBeckett100

my claim has now been submitted to the County Court.

TBeckett100

taxiphil, did anyone actually take B&Q to court ovetr the garden shed?

BaileyB

Am Pretty sure they did, am not sure if it ended it court though. But a few people did put the claim in.

headcrash27

I'm considering putting in a court claim over this but just wondered if anyone knew of the costs involved? Also if i lose the case will i be liable to pay B&Q's court costs?

TBeckett100

Costs twenty five to make claim. Not liable for costs . Doubt they will fight

vinny41

headcrash27 wrote: »

I'm considering putting in a court claim over this but just wondered if anyone knew of the costs involved? Also if i lose the case will i be liable to pay B&Q's court costs?

If you lose case yes Court can order you to pay B&Q costs

janequeenie

vinny41 wrote: »

If you lose case yes Court can order you to pay B&Q costs

the official quote is :In most cases, the court will not order solicitors’ costs to be paid by the losing party in a small claims case, and if you instruct a solicitor you will have to pay the costs yourself. For this reason most claimants deal with a small claim without the help of a solicitor

in a case like this i am confident you would not pay costs,the idea of small claims court is to keep everything to a minimum.