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

payless

TBeckett100 wrote: »

I have a choice, either I can explain what has happened and jeapodise my own case or I can tell you that i can't go into why the site has come down to protect my interest. If I plump for option a) I will be accused of getting into bed with B&Q and if I plump for option b) I run of risk of giving B&Q ammo against my case....................
The moral of this story is when reclaiming and making public comments, it is often better to have a unique username.

thanks for explanation

Using a username that can be linked ..not a great idea in the first place, well anyone could setup an account with one of my real name..

I don't think your comments here would have caused an issue , rather your own website ( which somehow was posted on here... ) and by putting yourself in the "the public eye"- by advertising the site / contents on radio etc..


BTW whilst I have previously issued court paopers to B&Q on a SOGA issue- hence my interest in the thread, I actually don't have any loss of bargain issues with them - although stranglely would have been keen on ( and had use for :-) ) that water butt, given earlier this year I actually purchased a 700L one ( albeit no internal pump)

frugalfran

Many thanks to Pocoyo for the links. I have a lot of sympathy for Tom too. I would have thought 'mitigation' of loss applied to an individual case (i.e. you shouldn't claim for a comparison that is far better than the original) rather than explaining to others in a similar situation how to proceed. After all, a decision to file is personal, he has hardly been 'instigating' and fomenting an uprising! It's true, too, that whilst B&Q can bring in the big guns, we individuals are having to rely on ourselves, assitance from Tom and others and our personal strengths in court - which is intimidating for a lot of people.

N20Y1D

Thanks to TBeckett100 for all the help you have given us all.

Incidentally i had an email from Trading Standards yesterday - i sent them the letter i had from that nice Sue Winchester which stated:

In particular B&Q will rely on one term under prices and payment, which states.

“We reserve the right not to supply you at our discretion”

And they pointed out

"We reserve the right not to supply you at our discretion...." While it is true that B&Q are not obliged to do business with anyone if they choose not to, they would not be entitled to use the term to release themselves from a contract if they have already made one.

N20Y1D

frugalfran wrote: »

It's true, too, that whilst B&Q can bring in the big guns, we individuals are having to rely on ourselves, assitance from Tom and others and our personal strengths in court - which is intimidating for a lot of people.

However you would hope the courts would take this into account and obviously see right from wrong regardless of whom is representing whom.

frugalfran

Was the phrase about 'discretion' mentioned at all in the letters? Or are they shifting the goalposts?

Pocoyo

10% of the hits on my blog are from Bond Pearce. :rolleyes:

Pocoyo

Someone clearly wanted to hack my MSE account today. When I came to log on a couple of times, I was told my login had timed out because the maximum attempts to log in had been used.

Whoever you are, the password is not Loula, not Sleepybird, not Ellie...:D

N20Y1D

frugalfran wrote: »

Was the phrase about 'discretion' mentioned at all in the letters? Or are they shifting the goalposts?

Sorry should have said that little snippet was in relation to the dishwasher.

N20Y1D

of course it does seem odd that one man cannot offer help to others yet its fine for a multi million pound corporation to appoint bond pearce to act on their behalf.....

would be nice if a certain :money: stepped upto the plate and offered to help the consumers get revenge in view of the latest news..

Lynsey

frugalfran wrote: »

Was the phrase about 'discretion' mentioned at all in the letters? Or are they shifting the goalposts?

It was quoted in an email;

In circumstances such as these where a system error occurs, B&Q will rely on the entirety of the terms and conditions that are incorporated at the point when the customer makes a purchase. The terms and conditions are detailed at the link below.

http://www.diy.com/diy/jsp/bq/templates/content_lookup.jsp?content=/wcn/static_content/help/terms.jsp

In particular B&Q will rely on one term under prices and payment, which states:
“We reserve the right not to supply you at our discretion”

Also I have my email from TS and yes a confirmation email was sent by B&Q - confrimation that the order had been accepted and according to the T&C's at the time of purchase a legally binding contract was formed.

Lots have happened on this thread in the last few days, sadly I will away for a while but hope to keep up to date. Things should pick up speed very shortly and interesting times ahead. I'm already starting to write my "speech" and have everything ready in a folder I will rely on. Personally I'm keeping it simple, I don't want it to get too complicated - basically I will be asking for a judgement on whether a contract was formed (I believe yes), whether a contract was breached (again I believe yes), and were B&Q entitled to terminate the contract (I believe no)??
I have answers to some questions I may be asked, some obvious ones - they can only ever be speculation if asked at all, but may be asked to discredit.

Good luck in the weeks ahead, will there be offers or will we have our day out in court?? I believe we may be offered a settlement (initially a very small one) at first and possibly upped as the court date nears. I could well be wrong though and maybe BP do have an angle on this, something I can't see. Still it will be expensive days out for each and every case if that is the plan. It would be nice to see a map plotted with all the cases on complete with dates.

Lynsey