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

BigAde

JasonLVC wrote:

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.

Thanks JasonLVC - this is great, it confirms exactly my understanding of the situation with respect to small claims court and loss of bargain. To my (limited) understading (please feel free to correct) it is worth pointing out that the small claims route should be seen as a last resort when all else has failed. You may need to demonstrate that you've first exhausted all attempts to resolve the situation out of court.

pistolero

hmmm lovely B&Q vouchers to spend at your favourite store

JasonLVC

To be honest, I think everyone has been more than patient with B&Q. Provided you've called them/emailed them, this would be sufficient. The timeline alone (from 15 July to date) should be enough. I suggest next move is to send letter to HQ giving them 10 days to resolve the matter to your satisfaction or that you will take a small claims action against them. If they don't respond then this will make your case stronger, if they do respond then at least you'll have actually got a straight answer from them, in writing and I'll doubt that they'll fob you off in writing or else makes your case stronger even more.

Sometimes a little patience (despite the enraging frustration!) pays dividends as the longer they leave it, the better your case will be.

parknoweth

JasonLVC wrote:

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.

Thanks for this information, just sent Kingfisher an email complaining about B&Q and their appalling Customer Services, will let you all know if they reply.

divadee

Has anyone got a copy of the mcKinley instructions?


Tezzafromuk has asked if i had a copy from mine and mr divadee throw them away we think last year. If you have got a copy that you could scan in please let me or her know asap.

Thanks alot

BigAde

JasonLVC wrote:

To be honest, I think everyone has been more than patient with B&Q. Provided you've called them/emailed them, this would be sufficient. The timeline alone (from 15 July to date) should be enough. I suggest next move is to send letter to HQ giving them 7 days to resolve the matter to your satisfaction or that you will take a small claims action against them. If they don't respond then this will make your case stronger, if they do respond then at least you'll have actually got a straight answer from them, in writing and I'll doubt that they'll fob you off in writing or else makes your case stronger even more.

Sometimes a little patience (despite the enraging frustration!) pays dividends as the longer they leave it, the better your case will be.

Agreed.

Just got off the phone to B&Q.

Spoke to someone at the Customer contact Centre in Doncaster (01302 764286)
and to someone on the 0845 609 6688 number.

Both were very apologetic but stuck to the refund plus £20 vouchers line.

Explained as nicely as I could (after all, not the fault of the people taking the call) that this was totally unacceptable. I was given two different addresses to complain to... one in Doncaster, one in Eastleigh.

So, will be drafting a letter tonight (copying in Kingfisher head office) outlining my position and giving them 7 days to respond. If no response will be be getting my claim pack from the local magistrates. Never done this sort of thing before, but feel we have a strong case here. Will post here how I get on.

divadee

The Eastleigh address is their head office so i would try writing their first.

The address i have got for head office is

B&Q PLC
1 Hampshire Corporate Park
Chandlers Ford
Eastleigh
SO53 3YX

Chief Exec is Ian Cheshire

divadee

This is the address to write to kingfisher


Kingfisher plc
3 Sheldon Square
Paddington
London
W2 6PX

Their chief exec is Gerry Murphy

iancar

I would love to write to these people to complain but I really don't know how to go about it. I am not very good at getting my point across, so if any one has a rough template that I could adapt to suit my situation I would be most greatfull.

Mumoffour

ive just taken delivery of my ben nevis after all the weeks of waiting, any body else recieved one?personally i recieved call on 28th afforing me a ben nevis and after that everything has gone smoothly.
Now i need to know if you have to embed posts in concrete or can i get away without doing so. Anybody out there with any knowhow i,m waiting
Thanks again frogling, because of you i've four very happy children .I hope you get a satisfactory answer from B&Q, you definately deserve it, as do the rest of the people who have been messed about.