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Help fighting a big company needed please

I really could do with some and help and advice please.

I emailed b and q which i will show you here

Could you please tell me how i go about a complaint and requesting a
replacement I have regarding a product I have previously brought from
you and have installed, Which is a shower
screen.Date of sale is
30.08.2010. I know this is outside of a year guarantee however. This is
above normal wear and tear and Is not fit for purpose. The pattern on it
has already come off in several places. I have only used products made
for the cleaning of shower screens.

Thank You.


This is the reply i received..


Thank you for your email dated the 6th May.

Due to the length of time that has passed since the purchase of your
product/s I am able to give details of the options available to you;

Firstly, I would ask that

Proof of Purchase be provided; this includes a valid till receipt,
SAPCO/Diy.com invoice or a credit card/ bank statement identifying B&Q
as the merchant.

If you do not have proof of purchase and the product is either B&Q
branded or only stocked by B&Q, we may still be able to offer assistance

Also, please note that:

Under the sale of goods act; once a period of six months from purchase
has passed, the onus is on the customer to prove that the shower screen
was not of satisfactory quality and that the product has not suffered
from environmental conditions or misuse that may have caused the damage.


It is within your rights to have a report conducted to ascertain what
caused the damage to the screen and forward that on to us for our
consideration. The report must be from a suitably qualified tradesman.

May we assure you that complaints of any sort are taken very seriously
and every effort is taken to learn from these experiences to prevent a
similar occurrence in the future.

Kind Regards


So I sent this reply..Just now..

Thank you for your reply. I do have A RECEIPT as we spent over a £1000 pound with you for the updating of our bathroom. I can scan this and send it to whom you would
like me to. Also the length of time we have used the item is not good enough and my consumer rights STATE
Fit for purpose AND last a
Reasonable length of Time...


Which this clearly hasn't.


Im i banging my head against a brick wall and should i give up? Or do i have a leg to stand on?

I would really appretiate feed back thank you.
Happiness is not having what you want...but wanting what you have!!!

Comments

  • CoolHotCold
    CoolHotCold Posts: 2,158 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    After 6 months and B&Q won't take your word you need to get a independent report saying that the fault was inherent, and to be honest cosmetic damage or fading of the pattern would be wear and tear.

    I don't know where you would start to find a expert in shower panels, and you would be even harder pressed to find one saying that it was a inherent fault.


    Pick your battles wisely, this is a lost cause.
  • polomint_2
    polomint_2 Posts: 372 Forumite
    Thanks for you reply. The pattern has worn off in three separate places but on the same panel, not all the way round. Not sure if this would make a difference.
    Happiness is not having what you want...but wanting what you have!!!
  • david39
    david39 Posts: 1,968 Forumite
    In this case, it looks as though B&Q have supplied you with all of the correct information.

    After 6 months, under Sale of Goods Act, the responsibility is on you to provide proof that the fault was inherent in the product at the time of purchase.

    You will need to provide them with a written report from an organisation or person with expert knowledge in the field.

    Have you discussed this with the manager of the branch of B&Q from which you purchased to panel? A friendly initial approach in the first place often produces an acceptable result - you only need to start rigorous action when all else fails.
  • sparvar
    sparvar Posts: 222 Forumite
    This is easy to fight, I have done it twice before... a little knowledge goes a long way. On neither occasion did I need to go to court because I was acting reasonably with shoddy companies that did not keep up their end of the bargain.

    Send them 2 letters by recorded mail, the first say you are considering taking them to county court (aka small claims court), the second is a final one which says get it sorted within 14 days or I'm going to court. Make sure your letters are polite, the person reading it is only human!

    Just had a quick look on Google, I can't find the page I used to do it previously but try this for starters, best of luck!

    http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_taking_legal_action_e/courts_of_law.htm
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    sparvar wrote: »
    This is easy to fight, I have done it twice before... a little knowledge goes a long way. On neither occasion did I need to go to court because I was acting reasonably with shoddy companies that did not keep up their end of the bargain.

    Send them 2 letters by recorded mail, the first say you are considering taking them to county court (aka small claims court), the second is a final one which says get it sorted within 14 days or I'm going to court. Make sure your letters are polite, the person reading it is only human!

    Just had a quick look on Google, I can't find the page I used to do it previously but try this for starters, best of luck!

    Without the evidence they have asked for, op doesn't have a valid court case anyway.
  • polomint_2
    polomint_2 Posts: 372 Forumite
    Just received this....

    Thank you for your email.

    I can confirm that I have asked our case ownership team to investigate these issues, and they will be contacting you in the next 2 working days to discuss with you.

    Your Issue reference number is *******, and should you need to contact the team, their telephone number is ********

    I apologise that you have had cause to complain on this occasion.

    Kind Regards
    Happiness is not having what you want...but wanting what you have!!!
  • mynameistallulah
    mynameistallulah Posts: 2,238 Forumite
    polomint wrote: »
    Just received this....

    Thank you for your email.

    I can confirm that I have asked our case ownership team to investigate these issues, and they will be contacting you in the next 2 working days to discuss with you.

    Your Issue reference number is *******, and should you need to contact the team, their telephone number is ********

    I apologise that you have had cause to complain on this occasion.

    Kind Regards

    But you have still not supplied the requested information?
  • spadoosh
    spadoosh Posts: 8,732 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    Whay are you 'fighting' them?

    I believe the problem would be rectified if you were to go into the store you purchased at and simply spoke to a manager about it. 9/10 its easier to just give a replacement. Btw being nice and polite will help you go a long way with this, dont go shouting your mouth off about rights, it never gets a good reception. Also stating how much you spent has very little impact considering your total ever spend there probably equates to 1hrs worth of sales targets in that store (negligible amount) and they have tradesmen who spend £1/2million every year, your £1000 to them means nothing, keeping a customer happy (irrespective of amount) means more!

    As for looking for an expert in shower screens, i believe aqualux make most B&Q shower screens this would be a good first port of call.

    And lastly, you go in all guns blazing, you will lose or at the very least it will not be made easy for you.

    1. its out of guarantee
    2. it is fit for purpose (its cosmetically degraded, it still does the exact same job.)
    3. cant really argue reasonable length of time, because there will be little info out there on the reasonable length of time for a shower screen to last (especially when its not actually broke) and white goods only have an expected life of 5-7 years i think with SOGA
    4. You checked the instructions? Most (might be some) shower screen products state it should be maintained solely using hot water and a non-abrassive cloth. Or something along the lines of not using chemicals.

    Your 'fighting' a losing battle. Try not to think of it as a fight more a polite request to help resolve you problem, youll have more chance of winning.

    Good luck
  • VitaK
    VitaK Posts: 651 Forumite
    I've been Money Tipped!
    If it is only cosmetics and everything else fails. Could you wash off the remaining paterns and put some new waterproff patterns or stickers on.
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