Rainwater Tank 1100 Litre £1498.00now£50.00@B&Q smaller one also avail for same price

Lynsey

justpoppingin wrote: »

My email from B&Q Customer Service states that they will be 'relying on the entirety of their Ts&Cs.'

Since the Ts&Cs state that a contract is formed when they send the order receipt email (whether or not it is received), I read the customer service email to mean that they are happy to concede that there is a contract in place.

Either that, or they haven't thought things through.

Exactly, they will have to rely on the "entirety" of the T&C's in place at the time of order - and fortunately so will we.
They are trying to get out of the T&C's by not admitting a "legally binding contract" was in place and to use the term "discretion" to let them cancel orders.
They know that this "discretion" term is not applicable to orders where they had insufficient stock - this has been ruled on, and they have admitted they never had enough stock. They have also been settling on LBA's/Court actions prior to "judgement day" (dishwasher case) because they are wrong - they wouldn't do it otherwise.

PS: - Have they admitted to you that a contract was in place??
If yes, can you show us here??

Lynsey

justpoppingin

Lynsey wrote: »

Have they admitted to you that a contract was in place??
If yes, can you show us here??

Lynsey

Sorry Lynsey, they haven't.

In the email they sent me they said they were relying on the entirety of their Ts&Cs and quoted the discretion clause.

I replied pointing out that the discretion clause was part of a bigger clause claiming a contract was formed on the sending of the order receipt email and that since they were going to rely on the entirety of their Ts&Cs, they would therefore not be disputing that a contract was in place.

They haven't, as yet, replied.

They may well not as I've sent them an LBA and they might just deal with that.

Sorry.

Lynsey

Many thanks, much appreciated in you spending time to reply.
Just the "bog standard" "cut and paste" replies.
I personally think that to get any sort of decent reply you will have to issue the small claim via Money Claim Online - as stated, until then we maybe just be "bluffers". They have a lot more to lose this time - but the principle is the same.

Good luck and thanks.

Lynsey

TBeckett100

just to keep you updated - there may be an interesting angle to come on this.... I am not saying what until I receive the proof and the conclusion but i think it may blow a few things out of the water. Potentially an embarrasing question may have to be asked in court.

TBeckett100

I have recently contacted Trading Standards to complain that the B&Q Terms and Conditions do not, in my opinion, and based on the legal articles I have read, meet the required criteria, i.e. they are not displayed during the shopping and order process and only referred to in the after sales confirmation, at which point, according to B&Q, you are already in a legally binding contract.

I have also asked Trading Standards and the OFT to look at the "discretion" clause to assess whether it is an 'unfair term'.

Following this, I have received a reply from Trading Standards to say that they have been in touch with B&Q's Trading Standards and that they (B&Q) are currently reviewing their terms and conditions and will have a meeting with TS at the end of July.

Since I have made a formal complaint, I will receive a full reply after this time. In essence, this will still fall within the deadline as evidence to produce to the court.

Therefore, you may wish to a) contact your own trading standards and b) try and order something from the B&Q website and take screen shots all the way through to add to your legal pack. I have taken extensive copies myself.

Anyway, hope this information is useful and I await to see what Trading Standards conclude on the B&Q Terms and Conditions issue.

Lynsey

Our previous statement clarified our position and we regret that we are unable to be of any further assistance.

Green light to go straight to LBA.

Lynsey

leo~saphira

Same reply here Lynsey which I got this morning - got the green light as well

TBeckett100

i would say green light to claim, not LBA. B&Q has stated in writing that they are unable of offer further assistance.

Go go go

Lynsey

TBeckett100 wrote: »

i would say green light to claim, not LBA. B&Q has stated in writing that they are unable of offer further assistance.

Go go go

I'm a soft touch - the LBA will give them a FINAL 14 days to negotiate if wanted. At least I've tried.

Lynsey

xeena

Same reply here too, despite me pointing out exactly why I believed they may like to sort things out amicably. Ignorant company. Grrrr.