B&Q Dishwasher Reclaim Thread (discuss your claim)

TBeckett100

Dear All,

I thought it would be an idea to get a handle on who has is reclaiming the 'loss of bargain' from B&Q. If you are happy to confirm you are claiming, please tell us so we can help each other!

Good luck all as TaxiPhil and I have proved, it can be done!

Stage 1
Template letter giving 14 days notice of a court action

Stage 2
Moneyclaim or manual small claims file (£25) cost

Stage 3
Potential 'see you in court' or settlement (noting that TaxiPhil's letter did not suggest without liability!'

So for all again, here is the suggested template letter - keep us posted on the reply!

Ms S Winchester
B&Q Plc
Portswood House
Hampshire Corporate Business Park
Chandlers Ford
Hampshire
SO53 3YX

Dear Ms Winchester

Order Reference XXXXXXX
Letter Before Action - Zanussi Dishwasher

On 24 January 2009, I ordered a Zanussi Dishwasher from www.diy.com at a cost of £89 plus delivery. Payment was taken by B&Q for the item and an email was sent confirming the order had been placed.

Several days later, I contacted B&Q to be told that B&Q could not fulfil the contract as stock was exhausted. This is unsatisfactory.

In a recent small claims hearing on the same issue, it was established that B&Q had formed a contract with the buyer pursuant to the Sale of Goods Act 1979. In addition, under the same Act, Section 51 (Damages for non delivery) states:

(3)Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered or (if no time was fixed) at the time of the refusal to deliver.

The Dishwasher (model ZDT6053) is available to the public at prices starting from £375.60 available online from NewSound (copy attached). I calculate the difference in price to be £286.60.

I understand that B&Q may wish to rely on the following argument “we reserve the right not to supply you at our discretion”. It was established in the Beckett v B&Q hearing that B&Q did not have any discretion on whether it could supply a dishwasher as stocks were exhausted and as such, B&Q could not rely on the term. In addition, the term could be defined as being an unfair term under the Unfair Contract Terms Act 1977 which states:

(2) As against that party, the other cannot by reference to any contract term—

(a)

when himself in breach of contract, exclude or restrict any liability of his in respect of the breach; or

(b)

claim to be entitled—
(i) to render a contractual performance substantially different from that which was reasonably expected of him, or
(ii) in respect of the whole or any part of his contractual obligation, to render no performance at all,

In light of the legislation and arguments put forward and the outcome of a previous case on the same issue, I am writing to request the ‘loss of bargain’ – the difference between the contract price and current market price which I calculate to be the sum of £xxx. Unless I receive full settlement within 14 days, I shall file a claim via the small claims court.



THE END RESULT

TBeckett100

http://stores.channeladvisor.com/newsound/Items/1597_574369

sanfly

TBeckett100 wrote: »

Dear All,

I thought it would be an idea to get a handle on who has is reclaiming the 'loss of bargain' from B&Q. If you are happy to confirm you are claiming, please tell us so we can help each other!

Claim sent in on 16th june stage 1..............cheers

jpedwards76

I am - I ordered 2 one for myself and one for my mother - who has since spent over £6K on a new Clevedon Kitchen from them!

Claim in post 18th June 2009 - stage 1

BigJonnyB

Sent my letter this morning, will post when I hear something (or hear nothing and take further action). Many thanks to TBeckett100 and TaxiPhil , and everyone else giving advice and support.

JB

jpedwards76

Are you all sending the letters recorded delivery /special delivery?
Many thanks for everyone's help on this matter:A - you're all great!

headcrash27

I too sent my letter in today by recorded delivery. Many thanks to Tkbeckett100 and TaxiPhill for their help and support with this.

TBeckett100

up to £2100 - brilliant!

Alias_Omega

Good luck,

We ordered one back in Jan, we deleted the order number. The cash was not taken from the card so i think they can argue that the deal was not done until cash was taken.

I'll keep an eye out for you all, and good luck.

squack

ha ha ha ..

TBeckett100

alias omega - proceed as normal. the b&q system will have charged the card to create the email confirming the order even if they cancelled it, a contract was formed.