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  • FIRST POST
    • Only_me
    • By Only_me 14th Sep 18, 10:35 AM
    • 25Posts
    • 21Thanks
    Only_me
    Missing kitchen parts - section 75?? Help
    • #1
    • 14th Sep 18, 10:35 AM
    Missing kitchen parts - section 75?? Help 14th Sep 18 at 10:35 AM
    Hi guys
    I took delivery of my B&Q kitchen at the end of July and was advised one day before that that a section of worktop would be delayed. Due to the short notice my old kitchen had already been ripped out. Joiner went ahead and fitter what he could. Since then I have had a few dates for delivery and then short notice cancellations. Apparently their supplier is letting them down. I paid for the kitchen in full by cc and am sick of the
    Poor
    Service. Do I have a section 75 claim? Advices greatly
    Appreciated.
    Thanks
    OM
    Debt as at 11 Apr 2012:
    CC1 - 957.99 - 0 CC2 - 326.00 - 0
    CC3 - 3978.00 - 3928 Loan 1 - 10,287,21 - 10,028.02
    Loan 2 - 6,945.26 - 6579.72 TOTAL - 22,494.56 - 20,535.74
Page 1
    • zx81
    • By zx81 14th Sep 18, 10:37 AM
    • 19,372 Posts
    • 20,700 Thanks
    zx81
    • #2
    • 14th Sep 18, 10:37 AM
    • #2
    • 14th Sep 18, 10:37 AM
    You have the same rights against the card issuer as with the retailer.

    Given it's not a straightforward case, I would stick with the retailer.
    • Willing2Learn
    • By Willing2Learn 14th Sep 18, 10:38 AM
    • 1,751 Posts
    • 1,339 Thanks
    Willing2Learn
    • #3
    • 14th Sep 18, 10:38 AM
    • #3
    • 14th Sep 18, 10:38 AM
    It is my understanding that the goods have to be 'fit for purpose'. As the supplied kitchen is clearly not 'fit for purpose', then I believe you would have a s75 claim.


    Have you tried getting a refund from the supplier (B&Q)?
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • spadoosh
    • By spadoosh 14th Sep 18, 10:46 AM
    • 5,748 Posts
    • 7,887 Thanks
    spadoosh
    • #4
    • 14th Sep 18, 10:46 AM
    • #4
    • 14th Sep 18, 10:46 AM
    Theres absolutely no need for a s75 claim.

    Do you want the worktop or your money? If you want the worktop it sounds like you might have to wait a s75 claim isnt going to get it to you sooner. If you want the money, just ask for a refund.

    For what its worth, B&Q will refuse any liability of your workers starting before delivery of all the goods. Theyre well aware supplier issues can leave them open to liability so cover that in there terms and conditions.

    That said if you act reasonably its not normally too difficult to get offered a discount to compensate for the poor service.
    Don't be angry!
    • PRAISETHESUN
    • By PRAISETHESUN 14th Sep 18, 11:00 AM
    • 441 Posts
    • 213 Thanks
    PRAISETHESUN
    • #5
    • 14th Sep 18, 11:00 AM
    • #5
    • 14th Sep 18, 11:00 AM
    Your first port of call should be to complain to the retailer. Under section 75 the credit company is jointly liable with the original seller but in my experience lenders usually stipulate that you exhaust the retailers complaints process first. Keep in mind that a s75 claim will only get you your money back, it will not get the job done any faster. As you've said it is a supply issue, then that is (presumably) out of B&Q's control so not much that you can do here. You might get some compensation for your trouble if you want to go down that route, which you wont get from s75 so keep that in mind
    • Only_me
    • By Only_me 14th Sep 18, 11:03 AM
    • 25 Posts
    • 21 Thanks
    Only_me
    • #6
    • 14th Sep 18, 11:03 AM
    • #6
    • 14th Sep 18, 11:03 AM
    I want the worktop but the customer service has been atttrocious. So frustrating living with half a kitchen especially with kids in the house

    Theres absolutely no need for a s75 claim.

    Do you want the worktop or your money? If you want the worktop it sounds like you might have to wait a s75 claim isnt going to get it to you sooner. If you want the money, just ask for a refund.

    For what its worth, B&Q will refuse any liability of your workers starting before delivery of all the goods. Theyre well aware supplier issues can leave them open to liability so cover that in there terms and conditions.

    That said if you act reasonably its not normally too difficult to get offered a discount to compensate for the poor service.
    Originally posted by spadoosh
    Debt as at 11 Apr 2012:
    CC1 - 957.99 - 0 CC2 - 326.00 - 0
    CC3 - 3978.00 - 3928 Loan 1 - 10,287,21 - 10,028.02
    Loan 2 - 6,945.26 - 6579.72 TOTAL - 22,494.56 - 20,535.74
    • jimbo26
    • By jimbo26 14th Sep 18, 11:04 AM
    • 528 Posts
    • 319 Thanks
    jimbo26
    • #7
    • 14th Sep 18, 11:04 AM
    • #7
    • 14th Sep 18, 11:04 AM
    There seems to be a habit of jumping straight to sec 75. As others have suggested I would deal with B&Q in the first instance.
    • Gary_Dexter
    • By Gary_Dexter 14th Sep 18, 11:04 AM
    • 2,591 Posts
    • 1,457 Thanks
    Gary_Dexter
    • #8
    • 14th Sep 18, 11:04 AM
    • #8
    • 14th Sep 18, 11:04 AM
    Ask for a refund and order it from somewhere else
    • Willing2Learn
    • By Willing2Learn 14th Sep 18, 11:07 AM
    • 1,751 Posts
    • 1,339 Thanks
    Willing2Learn
    • #9
    • 14th Sep 18, 11:07 AM
    • #9
    • 14th Sep 18, 11:07 AM
    I want the worktop but the customer service has been atttrocious. So frustrating living with half a kitchen especially with kids in the house
    Originally posted by Only_me
    If the customer service has been appalling, and it has negatively effected your family life, then you should make a written complaint about this to B&Q by post. They should offer you compensation, especially given the length of the delay.
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • spadoosh
    • By spadoosh 14th Sep 18, 11:36 AM
    • 5,748 Posts
    • 7,887 Thanks
    spadoosh
    I want the worktop but the customer service has been atttrocious. So frustrating living with half a kitchen especially with kids in the house
    Originally posted by Only_me
    If the customer service has been appalling, and it has negatively effected your family life, then you should make a written complaint about this to B&Q by post. They should could offer you compensation, especially given the length of the delay.
    Originally posted by Willing2Learn
    I can imagine B&Q will take the stance that the OP shouldnt have started work until all the goods had been recieved. Theres no obligation for compensation. They have a right to the goods or a refund and thats it.

    A reasonable and productive complaint will increase the chances of recompense in my experience.

    If the only complaint is not receiving the goods and not things like no communication surrounding failed deliveries, or ordering the wrong parts and were literally only talking a supplier issue, theres not really bad customer service per se thats things outside B&Qs immediate control. I appreciate its far from ideal but again B&Q will say the work shouldn't have been started until the goods arrived.
    Don't be angry!
    • normanna
    • By normanna 14th Sep 18, 12:07 PM
    • 50 Posts
    • 34 Thanks
    normanna
    Ask B&Q to refund the price of the worktop and buy elsewhere - maybe ask for a bit more back for the inconvenience. Not ideal scenario but suggest being pragmatic about it - then you'll have full use of the kitchen
    • chattychappy
    • By chattychappy 15th Sep 18, 10:35 AM
    • 6,950 Posts
    • 3,795 Thanks
    chattychappy
    but in my experience lenders usually stipulate that you exhaust the retailers complaints process first.
    Originally posted by PRAISETHESUN
    They can stipulate as much as they like, and often do. S75 is onerous on them. That's why the courts are there and sometimes it's necessary to start a legal process (having given fair warning) to enforce your rights.

    Keep in mind that a s75 claim will only get you your money back, it will not get the job done any faster.
    Originally posted by PRAISETHESUN
    You can get damages, which could be more than your money back. You have a duty to mitigate your losses so could be entitled to less back.

    In this example, if an equivalent worktop is available now and from a different supplier, then one option is to tell B&Q this and require them to source and fit it. If they don't, then you could take over the job and claim under S75. It's unreasonable to have these protracted delays.
    • chattychappy
    • By chattychappy 15th Sep 18, 10:40 AM
    • 6,950 Posts
    • 3,795 Thanks
    chattychappy
    For what its worth, B&Q will refuse any liability of your workers starting before delivery of all the goods. Theyre well aware supplier issues can leave them open to liability so cover that in there terms and conditions.
    Originally posted by spadoosh
    Such terms and conditions aren't always reasonable and wouldn't necessarily stand up. Everybody knows you can't get workmen at the last minute. So if you're expected to rip out your old kitchen against a date that B&Q keep missing, then I don't think they could rely on their T+Cs.

    Lawyers love drafting T+Cs that they know wouldn't/mightn't stand up. Hence severance clauses.
    • Cumbria lass
    • By Cumbria lass 15th Sep 18, 12:08 PM
    • 2,402 Posts
    • 14,824 Thanks
    Cumbria lass
    My daughter had a similar issue with a B@Q kitchen bits missing for a few weeks , hers were doors. She wrote to B@Q about the issue and received a 200 gift card back , plus all the doors were eventually delivered .
    CC1 3500 Nov 2018.
    • Craig1981
    • By Craig1981 15th Sep 18, 3:54 PM
    • 442 Posts
    • 210 Thanks
    Craig1981
    if you not happy with the customer service, escalate the complaint. if not resolved or still rubbish service, the email. i have PM you email address
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