B&Q up to 75% off sale on Outdoor Fun (swings, slides, etc) [CLOSED]

Redhillblue

On Page 59

deanos

Just as an item is available in a totaly different country dosent means its available in the UK does it ?

No one has linked to a UK supplier have they ?

I suggest you get hold of the manafactuer and try and track down a UK supplier maybe email one of those foreign suppliers.

JoolsB

When I opened up a complaint file re: my lack of Ben Nevis, I was phoned back by someone in B&Q who told me as far as he knew the supplier for the play centres was abroad. Unfortunately I didn't question any further as to which country.

sarahmoo

thanks creditavenger....it basically summarises the scenario....

let's keep this thread burning as it illustrates the continued strength of feeling here

rushnowt

Hebejebe wrote:

I have been following this from the beginning and thought I'd tell you what happened to me.

I ordered the Smoby multi-gym on the 20th July and received a confirmation e-mail immediately. Later on that week I got a phone call from the delivery company who said it would arrive at my house on the 1st of August. On the 28th July they phoned back telling me the item was out of stock. I then phoned B an Q who told me they would be back in within 7 - 14 days.

On the 4th of August I called again to be told they were discontinued. Apparantly they knew this on the 2nd of August but hadn't bothered to tell me. I spoke to a nice girl called Judith who admitted it was one giant balls up. I refused a refund, stating the "buyers contract" etc. She put through to someone else and we argued for a bit and he then informed me that my card had been refunded!! The sneaky b*****d!!!!

No offer of compo, just an address to write to. I have contacted Watchdog aswell, hopefully someone will sit up and take notice!!

I ordered some goods, I think it was the 17th that were mean't to arrive on the 3rd Aug, the slide did, but the others , including the multi gym didn;t, I rang to query this and I got the exact same tale from them but was totally assured that they would be back in stock in 7-10 days and they would contact me with a new delivery date. I asked the guy on the phone 3 times if he was sure they would be back in stock and was not just fobbing me off, 3 times he promised me that they would be. I think I've been taken for a right mug after reading this :mad: :mad:

Icon_3

I think creditavenger's post was excellent.

From what I can see Frogling is the only person to have compliled a database of each persons problems.

I am sure we would have more clout if we updated and published the database.

Anyone else agree?

W1zz

I passed on my story to Frooging but I think we'd have to pass on our names/address and order numbers if B&Q are to take the list seriously.

I don't have a problem with that - If thats whats needed, let us know.

W1zz

CaitlinsNanna

As expected I did not have a call from B&Q by close of business yesterday. Why promise things then not deliver? But then this it's how it's been since the beginning.
I did not chase them up last night by phone, I emailed them instead as I want all correspondence from them to be recordable. They took a week to reply to my last email so am not expecting a reply in a hurry.
I am hoping that Watchdog will do a feature on this. As yet I have not not heard back from them, I sent the on line form to them last Thusday.

JasonLVC

creditavenger wrote:

Hi,

Do we have any legal experts amongst us who are willing to assess the chances of us winning actions in the small claims court against B + Q based on:

A) breach of contract; and/or
loss of bargain?

Breach of contract, no doubt at all. The bigger question is what is the remedy to that breach?. Normally a refund in the first instance, followed by compensation. As to how much that compensation should be is the big question. This is where loss of bargain comes into play and suggests the remedy is to put the buyer in the same position as if the contract had not been breached (ie, B&Q either supply you with what they contracted to do or give you money so that you can get it elsewhere).

Just becuase B&Q have refunded your money does not disqualify you from making a claim. Your claim would be for the difference between sale/normal price so B&Q refunding you the sale price means you could still claim for the rest. Plus, the court would likely see through this refund gesture anyway.

Small claims court is long-winded but usually very effective as they do not require the level of evidence as a legal court and more common sense is applied, which translates as it being easier to win. However, you are unlikely to take small claims route if you go as a group (class action) as that is not what small claims is about, it is about the individual against another individual or business. If you lose, your only costs would be your own (£30 court fee plus your time). As you state, if the claim was unfounded B&Q could ask for costs, but in this case, your claim is valid as they have breached heir contract with you.

I'm not a solicitor, just worked with them for the last 8 years and I've taken people like B&Q to small claims before and won so know the score. Get a claim pack from your local magistrates/crown court, very simple form to fill in.

The ONLY reason why B&Q are doing anything now is because they are in the wrong legally and would have preferred to fob each one of us off, perhaps giving in to one or two who kicked up a fuss. However, this forum has likely shocked them into action as Martin has some considerable clout and anyone reading this from B&Q could see this issue snowballing big time.

They have broken so many rules here it is amazing, trades description, breach of contract, mis-represedntation....Don't give in to them, they are wrong, they know they are wrong and keep that in mind when you talk to them next time and every time. They cannot risk a loss in small claims (as a win could be posted here and open the floodgates!) or this hitting the media.

JasonLVC

Just another suggestion forum folks.

You may have written to B&Q Head Quarters, but may I also suggest you write to Kingfisher Head Quarters https://www.kingfisher.co.uk as these are the group owners (B&Q's bosses) and are less likely to ignore you than B&Q bosses who will be trying to cover their backs as much as possible. B&Q may not care, but Kingfisher has share holders and a group reputation to protect (as they also own Screwfix Direct) and so if you involve them, B&Q can't wriggle off the hook.