B&Q Compensation?

wealdroam

Str4tm4n wrote: »

Since I used an electrician as recommended on the packaging, I couldn't avoid paying to find out these timers didn't work. I think therefore I have a reasonable expectation that B&Q make some kind of goodwill gesture.

The guy I spoke to at the store seemed to agree. He gave me an address to write to, which is what I intend to do. I just thought I'd check on here before I do, just to see if anyone knew where I stood legally.

Unfortunately it hasn't proved particularly illuminating, but thanks anyway for all your responses.

Section 23 of The Consumer Rights Act 2015 says (amongst other things):

(2) If the consumer requires the trader to repair or replace the goods, the trader must—
(a) do so within a reasonable time and without significant inconvenience to the consumer, and
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)

It goes on to say:

(8) In this Chapter, “repair” in relation to goods that do not conform to a contract, means making them conform.

If you had persevered with the installation of a B&Q supplied product, it is clear that B&Q would be responsible for all costs other than the initial installation.

Unfortunately it is not quite so clear, to me anyway, now that you have changed supplier.

Perhaps it should be noted in Section 20 that:

(19) It may be open to a consumer to claim damages where there is no entitlement to receive a refund, or because of the limits of the entitlement, or instead of a refund.

So there is nothing stopping you seeking the reimbursement of your extra costs via the courts.

Str4tm4n

Many thanks for that Wealdroam. My experience of using "the courts" is that it could end up costing far more than the £50 I'm out of pocket and with seemingly, in this case, no guarantee of success. In all likelihood B&Q will be fully aware that this is the case too. Although I'm sure I could argue convincingly why it would have been unreasonable to expect me to have bought a third timer from them.I think my best bet is to write to them and see if I can get some sort of goodwill gesture out of them. The principle is at least as important as the money.

Once again, many thanks Wealdroam for going to the trouble of quoting the relevant parts of the consumer rights act, I appreciate it.

wealdroam

Str4tm4n wrote: »

Many thanks for that Wealdroam. My experience of using "the courts" is that it could end up costing far more than the £50 I'm out of pocket and with seemingly, in this case, no guarantee of success. In all likelihood B&Q will be fully aware that this is the case too. Although I'm sure I could argue convincingly why it would have been unreasonable to expect me to have bought a third timer from them.I think my best bet is to write to them and see if I can get some sort of goodwill gesture out of them. The principle is at least as important as the money.

Once again, many thanks Wealdroam for going to the trouble of quoting the relevant parts of the consumer rights act, I appreciate it.

Yes, send that letter and see what happens.

After that it might be worth sending a Letter Before Action stating exactly what you expect - itemise your extra costs and give them (say) 14 days to comply.
You should also state what will happen if the do not do the right thing - you will start court action without further notice.

Sometimes an LBA will spur the recipient into action and they take the pragmatic approach that satisfying your claim is cheaper than going to court.

unforeseen

Can you explain how you are £50 out of pocket?
You have a refund from B& Q. The timer from the electrician and the installation costs were free, he wasn't going to charge you

He didn't want payment for either the timer he supplied or for fitting it. I insisted on paying him.

So maybe one fitting charge more than should be expected. You can't expect B&Q to cover your largesse

[Deleted User]

unforeseen wrote: »

Bought one from B&Q fitted by electrician - failed
Replacement one from B&Q fitted by electrician - failed
Bought one from electrician who then fitted it - all working.


Mmmm? pattern?

Perhaps the electrician is deliberately mis-fitting the item so that the OP buys only from him?

Str4tm4n

unforeseen wrote: »

Can you explain how you are £50 out of pocket?
You have a refund from B& Q. The timer from the electrician and the installation costs were free, he wasn't going to charge youSo maybe one fitting charge more than should be expected. You can't expect B&Q to cover your largesse

The electrician charged me £25 to install the first timer which turned out to be faulty and £25 to fit the second timer which didn't work at all. I have no issue with that, it wasn't his fault they were defective. I'm not sure what you are really implying by what you call my largesse. I could hardly expect him to hang around for half an hour to see if the water started to heat up.

The first timer was a simple mechanical one with seemingly little that could go wrong and in fact when checked on installation it appeared to be working ok. The second was a digital timer with no light to indicate whether it was on or not, so it was only apparent after a period of supposedly being on that it was obviously not working.

Str4tm4n

Moneyineptitude wrote: »

Perhaps the electrician is deliberately mis-fitting the item so that the OP buys only from him?

Might be worth reading the whole thread before commenting or you risk looking as silly as you're trying to imply I might be.

[Deleted User]

Str4tm4n wrote: »

Might be worth reading the whole thread before commenting or you risk looking as silly as you're trying to imply I might be.

I've read the thread all right. My remark was tongue-in-cheek.
Threaten the retailer with court action and they are very likely to fold. That doesn't mean you are correct to do this: simply that the company don't want the hassle, cost and publicity.

unforeseen

Str4tm4n wrote: »

The electrician charged me £25 to install the first timer which turned out to be faulty and £25 to fit the second timer which didn't work at all. I have no issue with that, it wasn't his fault they were defective. I'm not sure what you are really implying by what you call my largesse. I could hardly expect him to hang around for half an hour to see if the water started to heat up.

The first timer was a simple mechanical one with seemingly little that could go wrong and in fact when checked on installation it appeared to be working ok. The second was a digital timer with no light to indicate whether it was on or not, so it was only apparent after a period of supposedly being on that it was obviously not working.

So it will just be £25 for one extra fitting. If the first had worked then it would have cost £25 anyway

It was YOUR decision to pay him for the last even though he said it was free. That is what I meant by largesse so should not be any part of your claim

System

You took the remedy offered by the store [refund] you have no proof of anything you are saying so how do you think you will get anything from them ?