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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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It is about a purchase from B and Q months ago. I bought a

Customer Question

It is about a purchase from B and Q months ago. I bought a full kitchen for a lot of money with a finance help. I did not order a cooker. The b & Q sales woman ticked the cooker. I and another B & Q worker told her to delete the cooker from the order. About 3 months later I discovered that the cooker was delivered between the kitchen items . It was too many items to notice the cooker was with them. I was very sure that B&Q will not make a mistake and deliver that cooker because we emphasizes many time the sales woman that the cooker was not needed . I talked to B&Q managers who refused to take the cooker because the original box at that stage was removed by the builders at my house because there was no intention to return any thing.
I finally wrote to the chief executive by a recorded delivery registered letter which was ignored.
I am still paying the installments of the cooker to the financing company including the interest.
Thanks for you help.
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Stop paying the finance and advise both the finance company and B & Q that they should arrange to uplift the cooker. I presume you have had to store it somewhere. Tell them that you are going to start charging them storage.

Make sure you have the name of the person at B & Q that told the saleswoman to delete the cooker from the order.

Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Thanks very much.


I took the cooker back to the store same day when I met the local store manager to ask him for a refund. He refused and threatened if I do not remove the cooker he would throw in the bin. I did not take it.


Also Iam paying the financing company for a huge number of things the whole kitchen, not just the cooker. Shall I stop every thing.

Expert:  JGM replied 3 years ago.
No, just adjust the payment so as not to pay for the cooker and tell the finance company and the shop that you are doing so.
Customer: replied 3 years ago.

Thanks.


I expect then receiving letters from debt collecting agencies because on behalf of the finance agency. The finance agency will say that the problem is with B&Q not with them.


 


Also I have paid installments and interest for the cooker for many months now.


Please advise.


Thanks.

Expert:  JGM replied 3 years ago.
Under the Consumer Credit Act the finance company and the retailer are jointly liable for any breach of contract.

To bring things to a head you might want to consider raising proceedings for the monies you have already paid.
Customer: replied 3 years ago.

Please tell me how I can do that.


Also please tell me every thing can be done in your next reply so I do not disturb you with my questions.


They also said that I should have checked all delivered boxes on delivery to rule out any unwanted item delivery..


What will their action be , then , when I stop the subscription.


I have no proof that I did not order the cooker apart from that B&Q employee who might not witness. Also I do not have a proof that I brought the cooker back to them apart from the van driver.


Thanks.

Expert:  Stuart J replied 3 years ago.

When it was taken out of the box it must have been obvious what it was.

Can you confirm it was never fitted and is still in wrapping even if not the b

Why didnt you simply pop it back in the box?

Do you have copy order with no cooker ticked on it?

Why didnt you want a cooker?

Is it now at the store?

Customer: replied 3 years ago.

We had too many boxes delivered for the whole kitchen. Once I realized the cooker was one of the items I contacted the local store immediately.It was still wrapped as it is for selling in the store. I took back to the store. One of B&Q employee and the local manager witnessed the return of the cooker back to B&Q wrapped and never opened.


I did not want the cooker because I bought a new cooker few months earlier. It was the builder who got rid of all boxes to create a space for his work. I tried to get a copy of the original order but the store would not give it.


Thanks for your help.

Expert:  Stuart J replied 3 years ago.




so it was completely wrapped and unused, but just missing
the outer carton?

How much was it?



Customer: replied 3 years ago.

About £ 900.

Expert:  Stuart J replied 3 years ago.




I agree with everything my colleague has said earlier,
although I would probably do it slightly differently. I would write to the
finance company and tell them that you did not order the cooker, that it was
returned and that the finance agreement is incorrect and ask them to remove it.

If they don't remove it or they don't reply, refer the
matter to the Financial Ombudsman.



I am surprised that a letter to the chief executive of B&Q
didn't work. It might have been better if the letter had come from the
solicitor.



I would now write to them again and tell them that you
require them to contact the finance company to confirm you did not order the
cooker and that it was placed on the finance agreement in error and to confirm
that they have it back and that if they do not do that, you will issue small
claims court proceedings against them which will be for the cost of the cooker
plus the interest on the loan, which is attributable to the cooker, if the
finance company are not prepared to remove that from the agreement.



I would give them 21 days in the letter to reply but give
them until a particular date, rather than a number of days to avoid
uncertainty.



I would then let the Small Claims Court resolve the issue
for me. You can issue small claims court proceedings quite easily here www.moneyclaim.gov.uk



I can almost guarantee that once court proceedings land
on their door mat, they will look at this more seriously



Can I help further?



Please bear with me today because I will be online and
off-line.

Please don't forget to positively rate my answer service (even if it was not
what you wanted to hear) and I will follow up any further points you raise for
free.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. It
doesn't give me "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask me for further info before rating me negatively otherwise I don't
get paid at all for my time and answer.

The thread remains open for us to continue this exchange



Customer: replied 3 years ago.

Thanks. I will give the best rating.


But please let me know in case they continue to ignore me , shall I stop the direct debit ?


And If I go for the court proceedings who will do that and how much will cost?.


This matter was also stressful being deliberately deceived by B&Q..


And If I stop the DD and then they send me a debt collection letters what will happen??>

Expert:  Stuart J replied 3 years ago.

I wouldnt stop DD because they will register a default which can affect yr credit rating.

Count proceedings if you DiY are not expensive. Under £100. You will get that back if you win.

They dont get solicitors costs even if you lose.

Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Can you do those court proceedings for me. How much it may cost. Can I have your personal e mail?.


Thanks. Mine is :[email protected]

Expert:  Stuart J replied 3 years ago.




I'm sorry, we are not allowed to take instructions
on here or have contact out the side the site. Any local solicitor will do
these for you but you will not get those costs back even if you win. That is
why I suggested using money claim online. It is very easy to use and is
designed for people issuing proceedings themselves

You will see that your email address below was
already been deleted by admin



Customer: replied 3 years ago.

O.k. Thanks.

Expert:  Stuart J replied 3 years ago.
no problem
Customer: replied 3 years ago.

I wrote to B&Q as you advised. They say the cooker was brought back to them in an unsaleable condition which is a lie. I have a witness that the store was contacted immediately once we realized there was a cooker between the items.


Please advise if I should stop the direct debit..


Thanks.

Expert:  Stuart J replied 3 years ago.




If you stop the direct debit, they will register a
default against you. I cannot advise you to do that.

You have no alternative therefore, but to issue
small claims proceedings against them



Customer: replied 3 years ago.

If they register a default against me how can this harm me ?


How guaranteed is the result of the small claims proceedings ?

Expert:  Stuart J replied 3 years ago.




Nothing is guaranteed in court because you don't know
what the other side are going to say. The judge will look at both sets of
evidence and make a decision. He only has to prefer your version of events 1%
more than there is (51%) and you win.

In my experience, for the sake of £900, B and Q are
unlikely to go to court but, once again, I cannot guarantee that.



If they register a default against you, it will show on
your credit history and may affect future applications for credit.



Customer: replied 3 years ago.

Thanks. They will go to a debt collection agency as usual , can it for example threaten to sell my house ?.


The purchase was done by my wife and I feel frustrated and deceived by a company which owns billions.


 


What do I need for the court documents wise ?l

Expert:  Stuart J replied 3 years ago.




Apart from issuing the legal proceedings. You will also
going to need all the documents that relate to the loan, a chronology of exact
events (doublespaced in paragraphs of only one sentence with triple spacing
between paragraphs), details of witnesses that you want.

Basically, when the judge picks up the documentation
which relates to the claim form, he needs to be able to read it and see the
exact story.



If B and Q have any documentation which either helps or
hinders their case, they are under a duty to disclose it, as indeed you are



Customer: replied 3 years ago.

Thanks. They will go to a debt collection agency as usual , can it for example threaten to sell my house ?.


 


The purchase was done by my wife and I feel frustrated and deceived by a company which owns billions.

Expert:  Stuart J replied 3 years ago.




The only issue here is over £900.

One of the things that you could do, although I would not
recommend it, would be to pay all the finance over the whole period, but
withhold the final £900.



I confess to having done it with Ford finance some years
ago when we had a dispute over a few hundred pounds. However, I cannot suggest
it as a legal solution. Remember that the dispute is not with the finance
company, but with B and Q



If you stop paying altogether, they will issue a default
for everything.



They can of course threaten what they like, including
selling the house, but they would have to good jump through a lot of hoops in
court. It is unlikely that they would get that order



The correct way is small claims court



Customer: replied 3 years ago.

Thanks.


Before I started getting your advises one of your colleagues on your company Mr JGM said : { Stop paying the finance and advise both the finance company and B & Q that they should arrange to uplift the cooker.


Under the Consumer Credit Act the finance company and the retailer are jointly liable for any breach of contract.}..


 


 


 

Expert:  Stuart J replied 3 years ago.

Do you want to argue about the default on your credit hsitory?

You can only cancel £900 worth. Not the whole thing

Customer: replied 3 years ago.

Thanks ans sorry I have kept asking questions. I am just very annoyed and frustrated from the issue. I want to take my right from B&Q without disturbing myself and family or costing us more than the value of the cooker.


 


Sorry I did not understand your Q : Do you want to argue about the default on your credit hsitory?


 


 

Expert:  Stuart J replied 3 years ago.




If you remember, I suggested, if you really wanted
to take issue with the finance company to withhold the last £900. However,
whether you do that now or later the finance company will register a default on
your credit file and even if you take the matter to court and you win, you will
still need to get a court order under the credit company to amend your credit
file.

Withholding money from the finance company is one
solution, but it would not be one that I would recommend if you want your
credit history (or rather, your wife's credit history) to remain intact



personally, I would just issue legal proceedings
against £900 plus a proportion of whatever interest and credit costs are on top
of that.



We can go round in circles for ever, but there is
no magic solution unless you take the bull by the horns.



Customer: replied 3 years ago.

Thanks.


Last questions hopefully :


1- Shall I try Ombudsman first.?


2- If I do the legal proceedings can I add the cost of the time I wasted ? .


3. Do I have to go to the court personally if I decide to go that route ?.

Expert:  Stuart J replied 3 years ago.

IMHO, it isnt an Ombudsman matter. It isnt a financial services matter , it is contractual dispute.

By all means try but usually it wont be allowed.

You can instruct solicitors but not a friend. If your wife is claimant she has to deal or insruct solicitors. You can go along to advise over her shoulder but not represent her

Customer: replied 3 years ago.

Last year my wife chose a builder to do our rear extension. He was chosen after interviewing many builders. We took all precautions e.g getting him to sign for any payment , we paid him in steps , etc.

 

He was always helpful and devoted or he so appeared.

Suddenly and after finishing about % 20 of the work he dissappeared. I contacted him , he said he ran out of money and that he needs more money.

We said to him that he did not even do more than one fifth of the work he was paid for.

I have 3 witnesses and I recorded a conversation with him admitting that he took that money cash from us , that he only finished about % 20 of the agreed work.

 

I asked a friend in the polce who said that going to the court will not bring my money back as the builder can declare himself bankrupt and no money will be gained from him eventually.

Please advise.

 

 

Customer: replied 3 years ago.

Last year my wife chose a builder to do our rear extension. He was chosen after interviewing many builders. We took all precautions e.g getting him to sign for any payment , we paid him in steps , etc.


 


He was always helpful and devoted or he so appeared.


Suddenly and after finishing about % 20 of the work he dissappeared. I contacted him , he said he ran out of money and that he needs more money.


We said to him that he did not even do more than one fifth of the work he was paid for.


I have 3 witnesses and I recorded a conversation with him admitting that he took that money cash from us , that he only finished about % 20 of the agreed work.


 


I asked a friend in the polce who said that going to the court will not bring my money back as the builder can declare himself bankrupt and no money will be gained from him eventually.


Please advise.


 

Expert:  Stuart J replied 3 years ago.

How much did you pay him?

How much is the whole job worth?

How much work did he do?

Thanks

Customer: replied 3 years ago.

He took £ 43000.


The ageement with him was for about £46000 approx.


He finished % 20 of the work.


That was the builder who got rid of the cooker external box.

Expert:  Stuart J replied 3 years ago.



This is obviously a totally different question.

Wow. Serious money.

Assuming that there is no allegation of fraud (i.e. would be inclined to
push the police harder on this because of the amount of money involved because
it would appear that he had no intention of completing the work) you are faced
with suing him for return of the money.



Whether it is worth suing him or not depends on what assets he has house
etc.



You can get copies of his land registry deeds here https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/



which will give details of who his mortgage is with, and details of any
other charges or courts charging orders. It will not tell you how much is owed
but if there are other courts charges, then it is not looking good for you.



He can indeed declare himself bankrupt which means you are left hanging out
to dry for all that money. The police will only be interested in this if they
can prove an element of fraud which might be a bit difficult on these facts



Customer: replied 3 years ago.

I knew that he has not got a private house.

He does not even own a car. He was using a hired van.

He got a house recently from the council . He takes benefits from the social welfare.

If I can not get back my money , I want to know how to cause legal problems to him on the basis that he is working and getting unemployment benefits at the same time.

Expert:  Stuart J replied 3 years ago.
Customer: replied 3 years ago.

Thanks very much.


In the meantime is there any thing else you suggest to help get any money back , specially I have all the evidence.

Expert:  Stuart J replied 3 years ago.
If he has no assets and goes bankrupt, he is off the civil claim hook. I would press the Police for fraudulently obtaining money
Customer: replied 3 years ago.

O.k. Thanks.


Another completely different question please.


Last summer my wife and my 3 children aged 1 , 4 , and 7 years old were y British Airways.travelling to Abuzabi to see some of her family. b


 


She arrived at the airport about 2.5 hours before departure.


She was alone with 3 small kids , so she requested help.


 


One of the BA officials took her to a queue they thought it would be quick.


It was only one passenger ahead of her.


But that passenger was handicapped and wheelchair bound . It took a long time. to check him in.


 


My wife then told the BA staff.


She was then checked in and given the boarding passes for the 4 of them.


Security took ages , she was searched with the kids thoroughly even the baby stuff was searched.


Eventually she was not allowed on board. The plane was still there but they said she was late.


 


That was about 15 or 10 min. before departing.


 


The BA staff took her back to the sales desk to rebook for a later flight.


She booked a new flight to Dubai not to Abuzhabi and made her pay a new ticket for the 4 of them.


 


She waited in the airport for about 10 hours with the baby and other kids crying , devastated and lying on the floor. There was not seats available where they told her to wait for Dubai flight.


 


From Dubai she had to take a taxi to Abuzhabi.


I wrote to BA but as usual refused to take responsibility.


.


Please Advise.


 

Customer: replied 3 years ago.



Another completely different question please.




Last summer my wife and my 3 children aged 1 , 4 , and 7 years old were y British Airways.travelling to Abuzabi to see some of her family. b




 




She arrived at the airport about 2.5 hours before departure.




She was alone with 3 small kids , so she requested help.




 




One of the BA officials took her to a queue they thought it would be quick.




It was only one passenger ahead of her.




But that passenger was handicapped and wheelchair bound . It took a long time. to check him in.




 




My wife then told the BA staff.




She was then checked in and given the boarding passes for the 4 of them.




Security took ages , she was searched with the kids thoroughly even the baby stuff was searched.




Eventually she was not allowed on board. The plane was still there but they said she was late.




 




That was about 15 or 10 min. before departing.




 




The BA staff took her back to the sales desk to rebook for a later flight.




She booked a new flight to Dubai not to Abuzhabi and made her pay a new ticket for the 4 of them.




 




She waited in the airport for about 10 hours with the baby and other kids crying , devastated and lying on the floor. There was not seats available where they told her to wait for Dubai flight.




 




From Dubai she had to take a taxi to Abuzhabi.




I wrote to BA but as usual refused to take responsibility.




.




Please Advise.


 


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