Ongoing issue with B&Q Kitchen, time for Sec 75?

TerryTubbie

I have posted this on another forum, but had no response to date, so thought I’d simplify my question and ask over here.

I bought and self-installed a kitchen in 2023 from B&Q (total cost £6k paid via CC). In late 2024 three of the drawer fronts started to delaminate which were quickly replaced by B&Q. However, the replacement drawer fronts suffered the same issue within two weeks. Since then, I’ve had six sets of drawer fronts (The last set arrived pre-delaminated). B&Q are taking longer to respond each time the fault returns. 

Weeks have now gone by, and they have not addressed the last set of damaged drawer fronts. Meanwhile I have drawers missing their fronts and handles (no point in fitting damaged drawers). Right at the beginning of my complaint to B&Q I requested someone come out and investigate the issue. When B&Q finally agreed to do just that, they never turned up.

All the remaining 25 doors and drawer fronts are fine. It appears to be a problem with these particular items. As the drawers have to be partially dismantled each time to fit the replacement fronts, this has now caused damage to the drawer carcass’s.

It has now dragged on for nearly a year and ‘to date’ B&Q have just kept replacing the drawer fronts without investigating the issue. I’ve had no contact from them for nearly a month.

Would I be jumping the gun going down the section 75 or small claims court, or should I give B&Q more time to offer a resolution?

Alderbank

What resolution are you seeking?

born_again

End of the day while it should fall under S75 (could argue unit price if they want to be picky), you are going to need a report on the issue to prove your case.
It would also be possible that all they would offer would be the cost of the damaged parts (not all the replacements, just the cost of a set), given this is a ongoing issue over several sets.
They will not be replacing the whole kitchen.

So as above.

CC can not force B&Q to do anything & neither can they supply anything that would be better.

TerryTubbie

Alderbank said:

What resolution are you seeking?

The ideal resolution would be a set of drawer fronts that don't delaminate. The only other option would be to have all the doors / drawer fronts changed to a type that is more suitable to being foil wrapped. The ones I currently have are shaker style with a double bevel insert, it is at this bevel the drawers start to delaminate.


@born_again

Several individual items of the kitchen cost over £110, the total was on one order paid for on the same invoice. From your comment, I assume no consideration is taken into account of the expectation of a matched kitchen, and I would be expected to settle for mismatched doors?

Currently, how long are B&Q obliged to keep replacing the drawer fronts, and should I expect anything for the inconvenience of the constant work be carried out on the drawer unit itself.

I'm just trying to see what options I have, I really don't want to rip out a kitchen or pay for another full matching set of doors. I have no problems having a report carried out, it is something I have requested on several occasions.  

Alderbank

TerryTubbie said:

Alderbank said:

What resolution are you seeking?

Currently, how long are B&Q obliged to keep replacing the drawer fronts, and should I expect anything for the inconvenience of the constant work be carried out on the drawer unit itself.

I'm just trying to see what options I have, I really don't want to rip out a kitchen or pay for another full matching set of doors. I have no problems having a report carried out, it is something I have requested on several occasions.  

The Consumer Rights Act says that if the consumer requires the trader to repair or replace the goods, the trader must do so.
Therefore as long as B&Q still have those drawer fronts and you keep asking, they must keep replacing them. In fact the CRA says they should bear any necessary costs in doing so.

However the CRA goes on to say that the consumer cannot require the trader to repair or replace the goods if that remedy (the repair or the replacement) is impossible.

Sooner or later B&Q will say they have none left and can't get any more. At that point your only right remains to claim a partial refund for those faulty drawer fronts.

You can't claim anything for the inconvenience. However you don't have to carry out the work yourself and you don't have to keep asking for replacements. As soon as the first replacements fail you can go straight to a request for a partial refund.
I appreciate that is not the outcome you prefer.

MyRealNameToo

TerryTubbie said:
Several individual items of the kitchen cost over £110, the total was on one order paid for on the same invoice. From your comment, I assume no consideration is taken into account of the expectation of a matched kitchen, and I would be expected to settle for mismatched doors?

Currently, how long are B&Q obliged to keep replacing the drawer fronts, and should I expect anything for the inconvenience of the constant work be carried out on the drawer unit itself.

I'm just trying to see what options I have, I really don't want to rip out a kitchen or pay for another full matching set of doors. I have no problems having a report carried out, it is something I have requested on several occasions.  

£100 is the threshold for S75 

Banks do seem to want it have their cake and eat it though, based on the FOS complaints that have been published, with some arguing that a single "item" was artificially broken over multiple contracts and so was out of scope for S75 as the total cost exceeded the cap and then also saying that a single project was actually many different items that should be considered individually and thus many ruled out as under £100. Doesnt help that the legislation isnt clear but then it comes from a time where finance was done in store not credit cards so arguments if a jacket with 2 trousers is a suit so 1 item, a suit and spare trousers so 2 items or 3 seperate items wasnt really a consideration at the time. 

You are entitled to demand a refund after the first failed fix but again it's not 100% clear how that works on multiple item orders. They can also deduct for use before the rejection happened.

Generally inconvenience is not an accepted head of claim though if you mention a token amount some will pay it to get you to go away. 

You're probably best looking to get a quote for replacing what you want replacing and prepare to negotiate. Clearly if the merchant can replace it with something they sell it will cost them less and so they may be more amenable to it than giving you cash to spend with a competitor. 

TerryTubbie

Okay, so as I understand it. I can keep requesting replacement drawer fronts from B&Q until that range is discontinued. Thereafter I can request some form of partial refund if they can no longer supply the said drawer fronts.

So that outcome means having a kitchen that will always require drawer replacements (an inconvenience changing them once a month), or having a partial refund which I cannot use to buy matching drawer fronts as they're no longer made.

Therefore, the option of either B&Q or via a S75 replacing or funding a complete new set of matching doors / drawer fronts is not feasible unless B&Q agree to it. In which case, that is my first port of call, thereafter, I'll have to replace them at my cost at some point in the future.

Lesson learnt

Alderbank

Is that range and colour still being sold?

The next replacements might be from a new, better-made batch and will last as long as the other fronts in your kitchen

TerryTubbie

Alderbank said:

Is that range and colour still being sold?

The next replacements might be from a new, better-made batch and will last as long as the other fronts in your kitchen

Yes, it is still part of their range. It was only introduced a few years back, although they have added a further colour (same colour as mine but a different shade).

Whilst in the B&Q store earlier in the year, it was noted that due to health concerns the glue formula had changed. Some quality issues have started to appear in recent months. This change took place when we purchased the kitchen. I could have received the majority of the doors with the 'good glue', and these drawers with the 'not so good glue' lol.

I'm considering going down the S75 route next to see out that pans out. I have very little options left unless B&Q start responding to the complaint.

Alderbank

TerryTubbie said:

I'm considering going down the S75 route next to see out that pans out. 

The S75 route does not give you any additional rights. What it means is that your credit card issuer is equally liable with B&Q to deliver the trader's side of the contract of sale.

For as long as B&Q comply with the CRA, as they seem to be doing at present, there is no breach of contract and you have no grounds for a claim. If B&Q breach the contract (for example by telling you they are not going to give you a refund and you will have to suck it up) then you can make a claim against either B&Q or the card issuer.

TerryTubbie

At what point do B&Q breach the contract when they're no longer communicating with me. How long do I give them to respond to my last request, replace the last set of drawer fronts, or carry out any investigation. It will be five weeks this weekend. I've put a figure of three months before contacting the CC provider. Is this to short, and if so, what is the suggested period?