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

Mihangel

has anyone been to court yet?

Pocoyo

As far as I know, cases aren't making it to court. B&Q are settling beforehand.

JPM_2

Posted this letter to B&Q on the 8th of Sept, letter ignored no reply. Sent the same letter by e-mail on the 25/Sept/09, response below.

Dear Sir/Madam
Further to my letter on the 28 June 2009 and your reply on the 1 July 2009 stating that you had a system error, I now believe that your legal representatives are offering Argonaut tanks at the original price of £50 to the people that have started legal action against B&Q.
I n view of this, I would like to give B&Q a further 7 days to fulfil my original order and supply me with an Argonaut Water Tank at the price I ordered and paid for, before I commence legal action.

Received this reply on the 1st of Oct


Thank you for your email. Whilst we understand that you are disappointed, the situation remains whereby stocks of the Water Butt were exhausted and the model is discontinued.
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”
By now you will have been refunded the monies taken in payment. You appear to be claiming that B&Q have breached the contract with you. B&Q's position is that any claim you have for breach of contract is not valid as you have not actually suffered any loss now that the monies have been refunded and that they are legitimately relying on the contractual Terms and Conditions by not supplying you with the Water Butt.

We do appreciate that you may find this situation frustrating, but it is only as a result of a genuine system error and B&Q made their best efforts to inform you of this, and refund your money at the earliest possible opportunity.
Please accept our sincere apologies for any difficulties that may have arisen as a result of the system failure
With Regards
Yvonne Stewart
B&Q Customer Services

Registered claim last week.

Hellowski

I did the same, have submitted my claim and am just waiting to see what happens. All I want is what I had ordered (and paid for!). It would be interesting to see if they proceed to court with any of the remaining cases.

Hellowski

I received the confirmation that BP have taken over the case..

TBeckett100

Godron bennett JPM, they are not still singing that old tune are they.

Left hand, lets introduce you to right hand.

JPM_2

TBeckett100 wrote: »

Godron bennett JPM, they are not still singing that old tune are they.

Left hand, lets introduce you to right hand.

I am afraid they are.
It would have been very helpful if B&Q had sent me a link that I could check their Terms & Conditions on, as the one they sent me shows unavailable.

Pocoyo

http://i997.photobucket.com/albums/af98/pkellis22/BandQTandC2.jpg

I hope that helps? Any more questions give me a shout.

Hellowski

With regards to the 'discretion' issue, the contract looks quite fair as the purchaser can cancel at any point. Therefore would this be an unfair condition?

Hellowski

How long did people have to wait after receiving their 'offer'?