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

Silk

Pocoyo wrote: »

I haven't received a tank and don't know of anyone who has.

The deal B&Q are offering is to sell you a tank "on a purely commercial basis" in exchange for your cancelling court proceedings. It's worth thinking about what happens if you accept their offer, cancel your court proceedings and then get a letter from B&Q citing stock issues as preventing them fulfilling the order. As per their new T&C's, you wouldn't have any recourse.

I think if it was me and BP had written with the offer I would reply in writing to them.
I would state that I would be happy to accept the offer and providing it was delivered before the court hearing I would happily cancel proceedings on receipt of order.
I would not pay out any money but deduct the £50 cost from my court costs and expect to receive balance from B&Q

TBeckett100

I was doing my radio programme this morning with a lady from Trading Standards and she produced a leaflet about consumer rights which was fair enough but on the back it lists 5 or so companies who actively support consumer rights and one such compnay was.....wait for it, B&Q.

article here http://www.thesun.co.uk/sol/homepage/mysun/2636872/Know-your-consumer-rights.html

wonder if the sun knows about this thread...

Lynsey

Have B&Q bought out TS?? :rotfl:

Lynsey

Pocoyo

This is the wording of B&Q's offer from Bond Pearce:

frugalfran

From a language point of view the words 'Should you find this offer acceptable ....' (in the last para) indicate that it is extremely unlikely to happen. It is very interesting language....
Much more positive would have been 'If you find this offer acceptable' or ''When we hear that you accept this offer...'
The use of 'Should you' implies that there is a negative feeling - you write at the end of an email 'Should you have any queries, please do not hesitate to contact me' : the implication is that the recipient of the letter / email will NOT have any questions....

Interesting...... I think I would find the offer per se interesting, but would accept only with caveats (to use some legal Latin) in terms of delivery times etc etc.

Pocoyo

My undertanding is that you would essentially be agreeing to drop court proceedings in exchange for entering into a new contract to purchase the goods at the previously agreed price. Bond Pearce's involvement will end with their handling of the withdrawal of the court case.

The contract would not be enforcable by the court because you are settling out of court.

If you decide to accept, I would strongly suggest you make sure that B&Q will deliver the goods within an agreed time period and under the old terms and conditions.

If they cancel your order, you can't simply lodge a new claim because as per their new T&C's, there is no contract until the goods are dispatched.

Be careful!

fantafan

Pocoyo wrote: »

I haven't received a tank and don't know of anyone who has.

The deal B&Q are offering is to sell you a tank "on a purely commercial basis" in exchange for your cancelling court proceedings. It's worth thinking about what happens if you accept their offer, cancel your court proceedings and then get a letter from B&Q citing stock issues as preventing them fulfilling the order. As per their new T&C's, you wouldn't have any recourse.

So really it's worth continuing until you get what is offered? Surely they are obliged legally to supply or to re-start proceedings if you have settled on that basis? I'm guessing I should complete the questionnaire in view of this.

Has anybody got a court day to move forward to sueing?

TBeckett100

I wouldn't drop a case until delivery. Would b n q let u walk out without paying.

Lynsey

I would add on the Consent Order only agreed if delivered within 4 weeks and sign it. State that this will only be accepted on this condition. They will then decide whether to accept this. Also take a photo copy of everything.
This will then go to the court.

Lynsey

Pocoyo

If you don't withdraw the court case you don't get the water butt TBeckett.

Ask yourself, is B&Q rushing to supply everyone who ordered, or just those individuals who have lodged a claim with the small claims court?

Recently some individuals have contacted B&Q asking if they can be provided with their water butt in view of the offers being made to other individuals. They have been refused.

In view of all of the above, how confident are you that B&Q will deliver on their promise?