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Company refusing to escalate complaint

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  • eddddy
    eddddy Posts: 17,972 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Loubell123 wrote: »
    This is the other side of it, B&Q state that they will always pass on the complaint to Valspar, even though I have told them the contract is with them. So it all just goes round in circles.

    Not really. If you go to the small claims court, you just make your claim against B&Q.

    If B&Q loses and wants to claim against Valspar, that's up to them.

    Obviously, you'd need to prove your court case on the balance of probabilities.

    Maybe get people to smell your room and sign witness statements about the smell!

    Maybe invite somebody from B&Q to come and smell your room! (I doubt they'd come, but it shows that you're being open.)
  • verityboo wrote: »
    And the contract is with who you bought the paint from so B&Q?
    B&Q refuse to take on the case, they only pass to Valspar and then Valspar deny any fault.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Loubell123 wrote: »
    B&Q refuse to take on the case, they only pass to Valspar and then Valspar deny any fault.

    If you decide to take it to a claim then that's B&Q's problem not yours.
  • lincroft1710
    lincroft1710 Posts: 18,873 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 9 October 2018 at 5:06PM
    It seems that Valspar believe that Loubell has used a 2018 batch of paint, when they might not have done.

    If there is still an unacceptable odour, then Loubell may have a claim against B & Q, but Loubell will have to prove their case. If redecoration has occurred then it is going to be more difficult to prove that it was needed.

    Loubell, you have no contract with Valspar and even if you did, you have no legal right to speak to someone higher than the person to whom you have been speaking. You can only bring an action against B & Q
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    It seems that Valspar believe that Loubell has used a 2018 batch of paint, when they might not have done.
    Well, if that is the case, then the OP must have stored pre-2018 prior to use.

    From the OP it's already clear that 2018 paint was used and that the OP is still maintaining that this batch is not odour free. Since Valspar has addressed the previous odour issues in current production, it's difficult to see how the OP can prove anything.

    I wonder have B&Q staff and/or a Valspar representative already visited the premises?

    If the OP already re-decorated, I can't see this going any further than the goodwill refund already offered.
  • pmduk
    pmduk Posts: 10,681 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Well, if that is the case, then the OP must have stored pre-2018 prior to use.

    Not necessarily, who's to say how long B&Q have had the stock?
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    pmduk wrote: »
    Not necessarily, who's to say how long B&Q have had the stock?
    Product recall.
    The "offending" stock was removed from shelves when the odour problem was identified (early in 2017).
  • Ectophile
    Ectophile Posts: 7,971 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Loubell123 wrote: »
    B&Q refuse to take on the case, they only pass to Valspar and then Valspar deny any fault.


    If you sue B&Q, then they have three options:
    • Defend it.
    • Make you an offer.
    • Lose the case when you turn up in court and they don't.
    Attempting to blame someone else isn't an option.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • pmduk
    pmduk Posts: 10,681 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Loubell123 wrote: »
    They have no complaints procedure that will allow me to go any higher than the complaints manager.

    Why should there be anybody higher than the complaints Department?
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