B&Q, Kudox, who is responsible?

Thepavingco

Hi everyone, we purchased a towel rad from b&q last this time last year, it failed and leaked causing some damage to our bathroom and ceiling below. As we had recently gone through ten months of home improvements we didn't want to cause a fuss and returned it with receipt for an exchange. They obliged and we had the new rad fitted by the same plumber. Two weeks later the radiator burst again causing further damage! Returned to store who wanted to refund us, at this point I pointed out the damage to our home and the likely cost of repairs as the water had gotten under the tiles etc.
B&Q told us to obtain quotes to get the repairs done, which we did and forwarded them to their store and head office. During this time they sent two of their staff to view the damage who took their own pictures and agreed the damage needed repair. I also told them I wanted reimbursing for the money spent on a plumber, ie, two emergency call outs and one visit in between to fit the replacement, a total of £280. Again they said to send in the receipt and they would take care of it.
We obtained a quote for repairs at a cost of £565 inclusive of materials and labour which I thought very reasonable considering the work needed doing.
Total claim was now £845
I had a phone call from B&Q informing me they had passed all this on to their supplier Kudox who would be in touch shorty to try and sort our problem out. At the time I thought it odd but didn't realise my contract was with B&Q and I should have refused to talk to a third party.
A week later we received an email from Kudox apologising for their late reply and explaining they had no idea the damage was this extensive and B&Q had only informed them we would be happy with the cost of a new bath panel and a few tiles! But they did offer to pay us half of the amount claimed "no quibble" and that if we required the full amount they would then have to find the two radiators and check them for faults and involve their insurance company who could well visit our property to View the damage and we could end up with nothing!
After talking the offer over wIth my partner we decided to ask for the £280 already spent and half of the quoted price equating to £562.50 as we wanted to get the builder in ASAP to repair the damage and after seven weeks of being messed around we had had enough.
Their reply was to deny our request but to up their offer to £425 as a goodwill gesture but would not accept any responsibility or liability.
We haven't mailed them back but I rang the chap at B&Q and told him of this, he stated he may be able to arrange £120 in shop vouchers if we accepted the cash offer from Kudox.

We haven't replied to either offer which was last Friday, we feel we are being manipulated by both parties but aren't sure of our rights or our next move. We need to get the repairs done and can afford to do this without their money, but if we move forward with the builder do we relinquish our claim?
Any help or advice would be appreciated please.
Many thanks

System

If you want the full amount then you shouldn't start the work as the insurance company will want to see the damage and possibly obtain some alternative quotes. This could take a while.

If you want the damage resolved ASAP take the offer.

System

The store would be wanting to refund you because once thats done you will be unable to make a claim for the damage, i work in a similar type of store and have had customers demand refunds and then try to claim for repairs , these claims have never been paid as you are deemed to have settled the situation once you accept the refund.

Its possibly why they are offering a lesser amount than you need because you exchanged the 1st rad.

dacouch

CHRISSYG wrote: »

The store would be wanting to refund you because once thats done you will be unable to make a claim for the damage, i work in a similar type of store and have had customers demand refunds and then try to claim for repairs , these claims have never been paid as you are deemed to have settled the situation once you accept the refund.

Its possibly why they are offering a lesser amount than you need because you exchanged the 1st rad.

I would be surprised if accepting a refund for faulty goods would prevent you from taking a retailer / supplier to court to claim for genuine losses caused by their faulty product.

CoolHotCold

dacouch wrote: »

I would be surprised if accepting a refund for faulty goods would prevent you from taking a retailer / supplier to court to claim for genuine losses caused by their faulty product.

Yea, it doesn't.

System

dacouch wrote: »

I would be surprised if accepting a refund for faulty goods would prevent you from taking a retailer / supplier to court to claim for genuine losses caused by their faulty product.

Where i work this has happened twice, the customer has been advised that if they took the refund then they would be unable to put a claim in to the company.
A refund was seen as accepting a settlement of the matter.

unholyangel

Their offer may be more than fair depending on circumstance.

If - for example - the things damaged would have needed replacing in a year or two anyway....you're profiting by asking for the full cost of new ones.

But only you know what was damaged and if/when it would have likely been replaced so you should have the best idea of if their offer is fair.

If it was items/work nearing the end of its lifespan then instead of having to pay out £800 in a few years, you can have it done sooner (perhaps not ideal) but with a contribution towards the cost.

Theres also the issue of whether it was the radiator or installation that caused the fault. Have they investigated and admitted it was faulty?