B&Q Dishwasher Reclaim Thread (discuss your claim)

Silk

TBeckett100 wrote: »

I would imagine they have lost as well under the same principle.

Yeah the difference is though that B&Q never had them in stock because they were supplied from the manufacturer.
I wonder if we are out of time with it

TBeckett100

You have six years to go back (remember the same principle as bank charges). Irrespective of whether the manufacturer supplied them or B&Q supplied them, the contract with with B&Q (afterall, you dont take your broken black and decker drill back to black and decker now).

In fact, I may be as bold to say the garden sheds claim is fair game, though I suspect anyone who took court action were given compensation and a gagging order - hence nobody ever spoke of it, but if you havent claimed, I would.

In addition, if ever questioned why you took so long to claim, once could argue that common law states that you can claim from when you became aware there was a loss to you, which the Beckett v B&Q case ascertained.

Silk

Hmmmm I think I had better go and buy some more paper and a spare ink cartridge for my printer !!!
:rotfl::rotfl::rotfl:

Mini_JK

Thanks TBeckett100 - my letter was posted to B&Q today, 14 days and counting. B&Q must be kicking themselves they didn't settle with you for £200 including gagging.

Alias_Omega

Contacted B&Q today, have the date of the order & the order number.

Shall process the letter next monday when im back at home.

marko4ever25

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!

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 two Zanussi Dishwasher from www.diy.com at a cost of £89 each plus delivery, one was for my mother. 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 x 2 = £573.20.

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 £573.20. Unless I receive full settlement within 14 days, I shall file a claim via the small claims court.



THE END RESULT

woh woh woh so glad i checked up on this!!!

can i ask why they didnt give you loss for the two machines. there was a similiar thing with homebase a few months back with garden shed can that be followed up to do u think

marko4ever25

marko4ever25 wrote: »

woh woh woh so glad i checked up on this!!!

can i ask why they didnt give you loss for the two machines. there was a similiar thing with homebase a few months back with garden shed can that be followed up to do u think

who is

Ms S Winchester

TBeckett100

marko4ever25 wrote: »

who is

Ms S Winchester

She is the lady in charge of mailing out disgruntled customers informing them that B&Q are not supplying you because they decided whether to give you a dishwasher or not when they had no stock.

TBeckett100

marko4ever25 wrote: »

woh woh woh so glad i checked up on this!!!

can i ask why they didnt give you loss for the two machines. there was a similiar thing with homebase a few months back with garden shed can that be followed up to do u think

error corrected, it was aletter i helped draft someone

Toto

Well Mr Beckett I was one of those people who doubted your chances in court, and you proved me wrong, which I was delighted about and I did own up and say sorry At first i thought, good luck to everyone who follows, but today I have thought why not send the letter myself? So I have

Thank you once again for being the one to take this on, I will let you all know what happens next. I think you might be owed a lot of beers from all of us who are going for the 'loss of bargain'.