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

headcrash27

N20Y1D wrote: »

Same as that, just what you would expect from B&Q.:rotfl:

Did you not get a copy of the fax attached to the back of it that seemed to have the missing text and annex.

Yep i got a copy of the fax that went to the court but it had the annex missing, as well as a chunk of the terms and conditions. Although i didn't receive an email from b&q advising that the dishwasher was out of stock, i just received a letter a couple of weeks after but that isn't mentioned at all in the defence.

Alias_Omega

Does anyone have an up to date copy of what the defense will be. Can PM me it if you want to keep it private.

Im at the stage of acknowledgement and now waiting on the 28 days.

Putting stuff together, but im away with work for the next week, back for a few days then away again.

Alot of reading to catch up on.

Want to pitch myself at the right level, as never been here before.

N20Y1D

Just running through the defence document and para 11 states:

furthermore the defendant does not accept that the claimant has suffered any financial loss in this case. the claimant is put to strict proof of any loss.

--

what sort of proof do they require? a screen grab of the product for the next cheapest price??

Lynsey

You may not have suffered any finacial loss (apart from costs involved in suing for the breach of contract), but you have suffered from "loss of bargain" due to the breach. As stated, you should be placed in the same position as if the "legally binding" contract had been fulfilled.

Lynsey

N20Y1D

Lynsey wrote: »

You may not have suffered any finacial loss (apart from costs involved in suing for the breach of contract), but you have suffered from "loss of bargain" due to the breach. As stated, you should be placed in the same position as if the "legally binding" contract had been fulfilled.

Lynsey

Thanks, should i maybe contact the lovely Ms Frampton with all my arguements against their defence in the hope they will settle OOC or am i best holding fire till the court date.

Also do i enclose all my evidence when i return the allocation questionaire?

Pocoyo

Q, If B&Q make an offer of goods, must I accept?

A. No. B&Q have recently made an offer to some individuals who are pursuing a "Loss of Bargain" claim to provide the item they failed to suppy when they repudiated the contract. Should this be the end of the matter? If you wish to accept, that is fine but you should not feel obligated to do so.

"A repudiation, or more accurately a repudiatory breach of a contract, can occur when a party intimates by words or conduct that it does not intend to honour its obligations under the contract. In the event of a repudiatory breach, the innocent party may either elect to affirm the contract, if that is possible, or accept the repudiation and so bring the contract to an end. The innocent party may sue for the damages it has suffered, consequent upon the breach. " (In this case 'Loss of Bargain'.)

michaels

Gone very quiet - nothing happening or have b&q settled with gagging orders?

Alias_Omega

Its been questioned within the rainwater B&Q thread..

sanfly

As this saga seems to be approaching the final hurdle, It would seem appropriate to re post the following:-

http://www.justgiving.com/lossofbargain/

Charity Registration No. 1084910
not sure if it is within forum rules, but it is for a good cause.

Alias_Omega

Whoooooo..


B&Q Defence received today, would scan it up but the wife bought the wrong printer, so no scanner as of yet.

In short, not a very big defence but simple.

Running along the lines of 'we reserve the right not to supply you at our discretion' & 'the Defendant will submit that any such contract was frustrated'..

If i can get the card reader working then ill take some pictures, edit the details out but i sure they all know who i am anyhow.

We may not win this, but im still an integrated dishwasher short of a fully fitted kitchen..