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

headcrash27

TBeckett100 wrote: »

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

Do you know how i go about putting in a claim? Can i do it online or would i need to go to my local court? What do you mean you don't think they will fight, do you think they will settle up out of Court? Sorry for all the questions, but you sound as if you know what you are talking about.

taxiphil

Easiest way is via www.moneyclaim.gov.uk. They won't fight because they know they're almost certain to lose in court, the judgment will be in the public domain and will trigger a landslide of claims (it's likely that hundreds if not thousands of others ordered this dishwasher at £89), damaging stories in the press, etc.

YTS

In terms of putting in a claim, do we have to go through the process of writing to them first - giving option to settle etc. (This is what Customers services direct advised as court would expect all reasonable paths explored first) or is it ok to go ahead after standard e-mail response from B+Q.

TBeckett100

YTS wrote: »

In terms of putting in a claim, do we have to go through the process of writing to them first - giving option to settle etc. (This is what Customers services direct advised as court would expect all reasonable paths explored first) or is it ok to go ahead after standard e-mail response from B+Q.

email B&Q and ask them if this is their final word on the matter. They say yes and you say "just one moment, let me generate the small claims ref number"

janequeenie

YTS wrote: »

In terms of putting in a claim, do we have to go through the process of writing to them first - giving option to settle etc. (This is what Customers services direct advised as court would expect all reasonable paths explored first) or is it ok to go ahead after standard e-mail response from B+Q.

yts - yes you would need to write or email them and the normal legal timescale is 7 days to respond saying this is our final word on the matter.

N20Y1D

TBeckett100 wrote: »

email B&Q and ask them if this is their final word on the matter. They say yes and you say "just one moment, let me generate the small claims ref number"

Do you think i am ok to proceed on the back of this email reply i received to my complaint

http://forums.moneysavingexpert.com/showpost.html?p=18607345&postcount=382

Or am i better off emailing them to say how dissapointed i am with the reply and asking if this is their final word on the matter?

TBeckett100

N20Y1D wrote: »

Do you think i am ok to proceed on the back of this email reply i received to my complaint

http://forums.moneysavingexpert.com/showpost.html?p=18607345&postcount=382

Or am i better off emailling them to say how dissapointed i am with the reply and asking if this is there final word on the matter?

to be honest they havent budged their legal argument, i would file a claim.

vinny41

headcrash27 wrote: »

Do you know how i go about putting in a claim? Can i do it online or would i need to go to my local court? What do you mean you don't think they will fight, do you think they will settle up out of Court? Sorry for all the questions, but you sound as if you know what you are talking about.

[FONT=Arial, Helvetica, sans-serif]How do you win in court?[/FONT]
[FONT=Arial, Helvetica, sans-serif]One short answer is to avoid it. You could be a winner by resolving your dispute before you get to court which should always be regarded as the last resort. The judicial system should only be used where all else fails. Why?[/FONT]

• [FONT=Arial, Helvetica, sans-serif]Courts take time[/FONT]
• [FONT=Arial, Helvetica, sans-serif]Courts involve costs[/FONT]
• [FONT=Arial, Helvetica, sans-serif]Courts involve risk.[/FONT]

[FONT=Arial, Helvetica, sans-serif]Before you issue proceedings you should ask yourself if you have done everything reasonably possible to settle your case with the other party.[/FONT]

lju

Just sent them an LBA via email and had this reply (same as before) back within 30 minutes:

Thank you for your email. Whilst we understand that you are disappointed, the situation remains whereby stocks of the dishwasher were exhausted and the model is discontinued.

In circumstances such as these where a system error occurs, B&Q will rely on the entirety of the terms and conditions that are incorporated at the point when the customer makes a purchase. The terms and conditions are detailed at the link below.

http://www.diy.com/diy/jsp/bq/templates/contentlookup.jsp?content=/wcn/staticcontent/help/terms.jsp

In particular B&Q will rely on one term under prices and payment, which states.

“We reserve the right not to supply you at our discretion”

By now you will have been refunded monies taken in payment. You appear to be claiming that B&Q have breached the contract with you. B&Q’s position is that any claim you have for breach of contract is not valid as you have not actually suffered any loss now that the monies have been refunded and that we are legitimately relying on the contractual Terms and Conditions by not supplying you with the dishwasher.

We do appreciate that you may find this situation frustrating, but it is only as a result of a genuine system error and B&Q made their best efforts to inform you of this, and refund your money at the earliest possible opportunity.

Please accept our sincere apologies for the difficulties that may have arisen as a result of the system failure.

Kind regards

Sue Winchester
Contract & Development Manager
B&Q Customer Services

AnnieH

Legal claims? I'm sorry where has all this comefrom?

The way I see it is you took a punt on getting a bargain - you didn't - you win some, you lose some.

I don't get why you're all getting so worked up over it - get over it, and move on. `life's too short - go buy a dihwasher from Comet if B&Q have P'd you off. That's what i did