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

frugalfran

Silk wrote previously: 'IMO the problem is strictly speaking each case is entitled to be tried on it's own merit.' I don't really understand this as - as said by Lynsey and others - everyone ordered tanks (irrespective of their motive) under identical terms and conditions and I think everyone received identical emails and letters saying it was 'due to a system error on our website.' Surely the breach of contract needs to be proved once - the merits of each case are identical, aren't they?
Assuming breach is proven, how each individual re-acts to the decision (e.g. refund, goods, etc) is the variable.

henpecked1

the law is the law. If asked why you came to court one could test some of the defence points, i.e. some of the comments made to suggest you were not shopping morally but financially.
if tested, the judge could just rule they supply you with a tank so you wouldnt lose.

Lynsey

frugalfran, I believe what Silk means is that although each case is identical in the fact of the breach, each is an individual case and each judge will decide as they see it. We all know different judge's have different views/tolerances which could be a potential problem. I also agree with the reason they are now showing willing, something we have done from the start - it's a pity it's taken them so long.

Lynsey

N20Y1D

justpoppingin wrote: »

If you haven't bought your tank, you would have to explain to the judge why you didn't want to accept the new offer of the tank.

Maybe when you received notification that B&Q would no longer be able to supply the tank you filled the hole in that you dug when you ordered it, Who would want a massive hole in there garden especially over the summer in the hope they could miraculously supply a tank they previously stated they couldnt ??

TBeckett100

N20Y1D wrote: »

Maybe when you received notification that B&Q would no longer be able to supply the tank you filled the hole in that you dug when you ordered it, Who would want a massive hole in there garden especially over the summer in the hope they could miraculously supply a tank they previously stated they couldnt ??

i find a hole left dug keeps the mother in law on best behaviour when visiting.

henpecked1

If you are going to accept the water butt (and from what I have seen on the net, B&Q, Pierce etc cannot make you as the law states they cannot expect you lawfully to continue the contract as it has been terminated), you should accept on the provisio the court case continues until the butt is received. As I have not seen any form dates and what is to stop "more supply issues".

justpoppingin

henpecked1 wrote: »

If you are going to accept the water butt (and from what I have seen on the net, B&Q, Pierce etc cannot make you as the law states they cannot expect you lawfully to continue the contract as it has been terminated), you should accept on the provisio the court case continues until the butt is received. As I have not seen any form dates and what is to stop "more supply issues".

Nothing to stop you starting another case if they don't deliver. Can't say I'd like to be Bond Pearce or B&Q standing up in front of a judge explaining why they've screwed the customer around twice.

Lynsey

henpecked1 wrote: »

If you are going to accept the water butt (and from what I have seen on the net, B&Q, Pierce etc cannot make you as the law states they cannot expect you lawfully to continue the contract as it has been terminated), you should accept on the provisio the court case continues until the butt is received. As I have not seen any form dates and what is to stop "more supply issues".

The delivery estimate was 4 weeks, if after 6 weeks it's not recieved as per original order simply issue another LBA.
I did have a strange feeling about this, maybe they want us to accept any new order under the new T&C's (lol).

Time will tell, very curious to see what gets delivered.

Lynsey

veruccasalt

Lynsey wrote: »

Time will tell, very curious to see what gets delivered.

Lynsey

Me too. Very curious. :j

Lynsey

veruccasalt wrote: »

Me too. Very curious. :j

Did you finally manage to grab one then??
Well done at last.

Lynsey