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

TBeckett100

nope, the radio said that B&Q would like a bit more warning. If it is anything like the newspaper reply, it will probably refer to Mr Bennett again whoever that is.

norfolkgrog

Great stuff Tom, you came across rearly well on the radio Im off to your site to download what I need to do the claim.....
Thanks for all your efforts
Norfolkgrog.

Lynsey

Well done again Tom:
http://www.computerweekly.com/Articles/2005/08/23/211420/it-system-failures-at-bq-hit-stock-control.htm

Posted: 10:00 23 Aug 2005
I believe this is a very useful piece of info to use in a claim against B&Q. Almost 4 years on from a known problem and still not sorted - 100% disregard to the customer. It gets better and better.

Lynsey

TBeckett100

Thanks for posting the link Lynsey.
I was pleased to find this had struck a nerve before, it seems a regualar occurence. B&Q in the statement to my local paper said such errors were rare. I seem to be finding more and more and I will continue digging.

Lynsey

TBeckett100 wrote: »

I seem to be finding more and more and I will continue digging.

I think you have found more than enough Tom. The biggest mistake for me is taking the money and forming a contract before delivery - the money should only have been taken once stock levels were checked and the item/s could be delivered. Other sites have different methods and T&C's
Can you imagine the judges face when after all the facts you come up with the 2005 faux pas - worth the claim fee just for that. :rotfl:
A decent result from TS = game, set and match.

Lynsey

TBeckett100

we have game set and match. I quite like the idea of game, set, match, pimms, strawberries &cream and dinner with keira knightly.

Lynsey

TBeckett100 wrote: »

we have game set and match. I quite like the idea of game, set, match, pimms, strawberries &cream and dinner with keira knightly.

Does she work for the B&Q legal team??

BTW, how long does the day out in court usually last??
Is there some sort of time limit??

Lynsey

TBeckett100

I was also looking at the Kodak thing whereby Kodak realised the power of the internet could be a problem and decided to satisfy all orders. Did you know that as Kodak announced that they wouldnt complete their side of the bargain, it could be deemed as a Anticpatory Breach, i.e. the contract is cancelled and the buyer is more than welcome to file a claim, in this case for loss of bargain.

There is a precident for this case Hochster v De La Tour (1853) which is a famous English Contract Law case. Thanks to my legal expert for helping.:beer:

There is also some reasons that you should not accept a free item from any retailer as there is no consideration (price/payment) and therefore would not offer the buyer protection under the Sale of Goods Act.

Loss of Bargain is the only real way to go. From what I understand, you are legally entitled to claim and you can use the money to purchase the same or similar items with another retailer and form a proper contract offeirng you the protection you would have been afforded had the original contract taken place. Loss of Bargain is not about making money, but it really does try and help put you in the same position as you should have been originally.

TBeckett100

Lynsey wrote: »

Does she work for the B&Q legal team??

BTW, how long does the day out in court usually last??
Is there some sort of time limit??

Lynsey

The hearing usually gets scheduled for 1.5hours, we were done in around 40 minutes.

As my local judge said that comments made on an internet forum have nothing to do with the fact a contract is claimed, I don;t think they will rely on your MSE posts, but I could be wrong.

TBeckett100

i would expect argonaut claims to last a bit longer through as we have more to rely on, such as the findings of Trading Standards, the historic issues over the same stock control etc etc.

I am currently putting together the court bundle information which I will email to anyone who needs it. Nobody will require it yet and I am adding to it daily.