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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69531
Experience:  Over 5 years in practice
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We bought a kitchen from B&Q Nov 2013 had it installed were

Resolved Question:

We bought a kitchen from B&Q Nov 2013 had it installed were very happy with it. In Feb I took a pan from the hob as the potatoes in it were catching, I put a stainless steel dish on the work top near the sink pour the potatoes into it & put the pan in the sink close by. When moving the dish a minute later I found it had blistered & left a brown mark where the dish had been. I have spoken to B&Q & the company who produced the work top both are saying it's not their fault. I have demonstrated using the same pans etc using an off cut of the same top that I can put a pan on there without it damaging it. It says on the product it is able to withstand 140 degree. The manufacturer has sent a new top but refuse to install it which means I'm out of pocket when it's not my fault please help what can I do

Regards XXXXX XXXXX
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 2 years ago.
What other information do you need please
Customer: replied 2 years ago.
How do we get either B&Q or the manufacturer to pay to install the work top as this is not an easy thing to have done they have sent a new work top out of "good will" but we will still be out of pocket as it cost almost £1000 just to have a carpenter fit it
Expert:  Jo C. replied 2 years ago.
Sorry if Im missing the point but why didn't you just turn the gas off?

I understand the pan was about to catch fire but you wouldn't normally put that on a worksurface?
Customer: replied 2 years ago.
The pan was NOT about to catch fire it's an electric hob the potatoes were starting to burn inside the pan I brought it across to the sink where I had a stainless steel dish on the work top I put the potatoes into the stainless steel dish the pan then went into the sink !!!!
Expert:  Jo C. replied 2 years ago.
Ok.

And they are saying that it was this action that caused the damage essentially? So they are not liable?
Customer: replied 2 years ago.
Yes, however there has to be a fault in the area which blistered/burnt as I demonstrated to them that I could put the very hot pan and the dish on a different area near the hob which did not mark. Therefore to me there must be a fault in the area that was damaged
Expert:  Jo C. replied 2 years ago.
Thanks.

To be wholly honest, its not particularly good news.

I do think they must accept some fault because they have offered a replacement. That would tend to suggest they take some responsibility which is positive.

Ultimately though if they refuse to pay for instalment your only option is to pay for it and then sue. You can always complain internally. Maybe they will relent, maybe not  There is no way of predicting that really.

Proceeding on the basis that they do dig their heels in, you can always issue against them here

www.moneyclaim.gov.uk

They may relent at that point. Its not really worth the manpower of contesting it.

If they do insist on contesting it then they could argue that the fault was caused by you placing a hot saucepan directly onto stainless steel rather than a fault with their design and there is a risk that a court may think that wasn't best practice.

That said, the worst that will happen is that you will lose and have to pay a very small sum in costs so its probably worth a gamble.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69531
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
So I have to go to a small claim court ? Is this what you're suggesting ?
Expert:  Jo C. replied 2 years ago.
Unless they will relent your only options are to write this off or sue.

You cannot force them to pay otherwise.
Customer: replied 2 years ago.
My only option then is to claim on my household insurance I'm so cross as I know it was not my fault I didn't even put the hot pan on the area that burnt I know it will be expensive to get it put right when I have just paid in total about £4000 to install the kitchen
Expert:  Jo C. replied 2 years ago.
You could try to recover your increased premiums from B & Q then.

Jo C., Barrister
Category: Law
Satisfied Customers: 69531
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

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