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

Lynsey

eslick wrote: »

http://blogs.thisismoney.co.uk/this_is_money_blog/2009/08/hotel-comparisons-can-i-trust-them.html

thought you might like this story, someone "reserved" a room for 18 euros, hotel rang them and said it was a mistake and they couldnt have the room. complained to the comparison website who said they were lucky they hadnt been charged the no show fee

For Gods' sake, don't tell me this was Tom. :rotfl::rotfl:

Lynsey

frugalfran

I know it is Trading Standards we should complain to - and many have - but this is interesting in the detail B&Q had to go to to show how they anticipated demand after press adverts. Maybe something to add to the list of questions to be asked...

http://www.asa.org.uk/asa/adjudications/non_broadcast/Adjudication+Details.htm?Adjudication_id=46479

TBeckett100

Lynsey wrote: »

For Gods' sake, don't tell me this was Tom. :rotfl::rotfl:

Lynsey

Nah, I don't fancy Ostend this summer :rotfl::rotfl::rotfl:

Pocoyo

Q, If B&Q make an offer of goods, must I accept?

A. No. B&Q have recently made an offer to some individuals who are pursuing a "Loss of Bargain" claim to provide the item they failed to suppy when they repudiated the contract. Should this be the end of the matter? If you wish to accept, that is fine but you should not feel obligated to do so.

"A repudiation, or more accurately a repudiatory breach of a contract, can occur when a party intimates by words or conduct that it does not intend to honour its obligations under the contract. In the event of a repudiatory breach, the innocent party may either elect to affirm the contract, if that is possible, or accept the repudiation and so bring the contract to an end. The innocent party may sue for the damages it has suffered, consequent upon the breach. " (In this case 'Loss of Bargain'.)

Lynsey

So are B&Q starting to make offers??
Nothing for me so far, but would willingly accept water tanks as ordered or of the same/better quality (the comparison one would be fine). I would ONLY accept though with a refund of my £80. This would make sense to B&Q to lessen their liability. I would also accept B&Q vouchers plus £80 to end this saga, again this would lessen their liability and make more sense to them as I would have to buy goods from them which would make their liability only the wholesale cost of any goods.
I want the goods for my original price as per the contract, delivered.
I'm also fully prepared to go to court and was thinking of getting my local paper involved on the day because of the plight of a local pensioner who was wrongly accused of stealing his own plug, a plug B&Q didn't even sell ... http://images.google.co.uk/imgres?imgurl=http://images.icnetwork.co.uk/upl/nechronical/feb2008/5/1/D4AEE324-B094-0CD7-A00E291F82A48A4A.jpg&imgrefurl=http://www.chroniclelive.co.uk/north-east-news/todays-evening-chronicle/2008/02/01/pensioner-accused-of-stealing-b-q-plug-72703-20424416/&usg=__Ti3g9046S3_M06pnx5zSS_l3GIA=&h=320&w=470&sz=27&hl=en&start=16&tbnid=So0h_gEuRFcvCM:&tbnh=88&tbnw=129&prev=/images%3Fq%3Db%2526q%26gbv%3D2%26hl%3Den%26safe%3Doff%26sa%3DG ...
might make a great story if B&Q got a taste of facing the law and might put a smile on the face of the pensioner if I win.
We shall see what pans out.

Lynsey

Pocoyo

I understand that in the case of the Zanussi dishwashers, B&Q have offered to supply the dishwasher as the court date loomed. Some people may not want a dishwasher; they may have already purchased one from somewhere else. The idea of suing for "loss of bargain" is for you to be compensated as if the contract was fulfilled, not for B&Q to decide 6 months down the line that if it's going to cost them financially, they may as well complete the contract.

I have not been told about anyone being offered a water butt as of yet but I guess no one's court date is imminent either.

Lynsey

Thanks, I can fully understand the dishwasher case as you clarified. The loss then would possibly be the difference in price between the origial and the purchased one??
I also understand that we can also refuse an offer, but would not feel comfortable defending this in court if B&Q do eventually try and settle. I have a realistic figure in mind which I will stick to, if they want to negotiate with me and reach my target then all will be sorted. I've tried hard enough with them to resolve this and will try no more as they didn't want to play. It's now up to B&Q and BP to decide where this ends, my final get off stop would be the court.

Lynsey

Alias_Omega

I would accept the dishwasher if they offered it too myself, plus the costs of putting the court case into action.

I have a kitchen that requires a fitted dishwasher.

Lynsey

You might just get your wish then - good luck.

Lynsey

Pocoyo

I agree, personally I would also consider an offer of the water butt plus a refund of my court costs. I haven't yet rushed out to buy another one because a) I don't have £800 spare and b) it's not a priority for me at that price.

I consider a dishwasher to be more of an essential and I can see why 6 months down the line when you may have already purchased a replacement, some people would rather have financial compensation.