Trading
standards are correct. This infuriates me. Your contract of sale is with b and q not with johnsons tiles. The letter to you from johnsons is useful but not really relevent as johnsons have bypassed their own contrat chain and it should have been sent to b and q not directly to you.
If, as any court would probably agree, the tiles are sub standard then b and q should sort it out with you.
The only problem you have is that being a big company they are likeylto have within their conditions of sale a clause limiting their liability the cost of replacing the faulty goods only and will not accept liability for consequential losses. you will not be able to change this in court as they will have sold them in good faith and notmknowingly as being faulty.
You have a choice in my opinion to accept that they will only pay for the cost of the tiles and negotiate a settlement with them, take them on legally speaking or to cut your losses and walk away from them and sort it yourself. You will have no recourse in law to seek compensation from johnsons as you have no contract with them.
I think if it were me I would make a few threats to b and q.
1. Write a letter addressed to their technical director copied to the store manager where you bought the tiles. Make this a nice but firm letter explaining the situation in detail. Send a copy of the Johnsons letter and ask them to tell you what they intend to do about it. give them 14 days to respond.
2. If after 14 days you receive no response or you receive a negative response. Send a second letter much more firm this time saying that you are not satisfied with their response and that you "demand all of your detailed costs to be reimbursed in full and final settlement of this dispute. If said costs are not fully paid you will be left with no choice but to take further, more serious action, within a legal framework" outline your full costs, and send them a copy of all the previous correspondence with it. Address this to the same people but add the commercial director and the managing director. Give them 7 days to respond in the letter.
3. If after 14 days they have not responded take them to the small claims court. You should win this one but only if you can be seen to have tried to sort it out by any means other than court. If you lose walk away and sort it out yourself.
4. If you win judgement and they do not pay after a further 14 days and you have received no satisfaction ( bear in mind you are likely to have to settle for a figure less than the over all costs and I suspect they will make you an offer) then send a letter to all of the same people plus the purchasing director saying that as they have failed to resolve this matter satisfactorily you must assume that for financial reasons they are unable to do so. For that reason you intend to issue winding up proceedings against them.
The first two letters should sort it out but the third always gets their attention. Bear in mind though it will be an empty threat and a last resort.
