Garden Rooms Great Offer

Hello1234_2

It might well be £108 to get started and that depends on the value of the claim, i.e. the goods themselves which are over £3k? If the claim is defended there will also be an allocation fee of £80 - £100 or so. B&Q can also claim expenses for attending (but usually limiting to a nominal amount of about £50) but this is at the court's discredtion, and would probably be waived here.

Basically £200 or thereabouts if it goes the distance.

I'm not a pessimist and it's no skin of my neck if you go ahead with this. I'm trying to present an opposite view to make up a balanced picture as many seem to think this is a forgone conclusion in the customers favour. It's far from that.

Just weigh up the pro's and con's before making a decision.

Silk

Hello1234 wrote: »

It might well be £108 to get started and that depends on the value of the claim, i.e. the goods themselves which are over £3k? If the claim is defended there will also be an allocation fee of £80 - £100 or so. B&Q can also claim expenses for attending (but usually limiting to a nominal amount of about £50) but this is at the court's discredtion, and would probably be waived here.

Basically £200 or thereabouts if it goes the distance.

I'm not a pessimist and it's no skin of my neck if you go ahead with this. I'm trying to present an opposite view to make up a balanced picture as many seem to think this is a forgone conclusion in the customers favour. It's far from that.

Just weigh up the pro's and con's before making a decision.

Hi Hello,
The whole point is that the value of the goods they were selling is £355 which was the value of the goods that B&Q put on the item and which the customers paid so the £3k value does not enter into it in which case the cost for the claim would be £50

Restricted

Another response from Consumer Direct...

In reference to your query, in failing to provide you with the goods ordered, the trader in question would be in breach of contract. You would be entitled to a refund of monies paid for the item. It may also be possible to argue for damages for ‘loss of bargain’. If it is much more expensive for you to purchase the same item elsewhere as therefore as a result of the breach of contract by the trader, you will incur financial loss, you may be able to claim the difference in damages. The damages could be quantified on the basis of the difference in value between what you would have paid for the item and how much you would have to pay to obtain the item elsewhere. However, this is providing you have a legally binding contract with the trader inline with their terms and conditions of sale.

I would advise that you write an additional letter of complaint to the trader, sending it by recorded delivery and keeping a copy of the letter that you write. You should state the legal argument made above and request that they provide the item, or damages on the basis described within the next 7 working days.

Hello1234_2

Sorry Silk, but you're wrong.

If you're going to small claims you're claiming monetary damages, and that would be the cost of buying the garden room (probably elsewhere), i.e. loss of bargain. That means your claim is over £3k.

You won't be buying a garden room for £300 anywhere else and the small claims does not have available the remedy of specific performance, the court will not compel B&Q to supply.

Therefore, as previously stated, the cost will be c.£200 if defended.

kippygirl

Court fees are here: http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm#section24

I agree that you have to be fairly determined and willing to take a risk on not getting the court fees back but there is a very strong case against B&Q here and, of course, it is B&Q that have to pay all the court fees if they lose. Also, some people on Income Support, WTC etc can get the fees waived and not have to pay them in the first place anyway or call into your local, friendly county court for advice (not being sarky here - they usually are fairly helpful!).

blackis200

Has this died a death or just hibernated for some time? I sent B&Q a letter this week. I expect an answer next week. Has anyone had anymore feedback from B&Q?

balloonist

I got a reply today, following my letter.

Reply much the same as the original response.

blackis200

Will you let it go now or will you try to push a little harder?

save_to_spend!!

Have a look at M&S they have a DAB radio hi-fi usually £89 now for £59 in sale with free delivery
http://www.marksandspencer.com/gp/product/B000RIL9D2/ref=sr_11_1/203-6525571-4891911?ie=UTF8&n=51139031&keywords=&mnSBrand=core&numItemsFound=1

- not quite a garden rooom but cheapest on the web and Asda are charging £110 inc del
http://www.asda-electricals.co.uk/shop/product/pure/vl60803.html

Funkyfarmgirl

wot do those have to do with sheds!!!
SPAM...........