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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice
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SECOND-HAND MOBILITY SCOOTER COSTIG £2750.00 WAS DELIVERED

Customer Question

SECOND-HAND MOBILITY SCOOTER COSTIG £2750.00 WAS DELIVERED FRIDAY 1 MARCH 2013 AND OVER THE WEEKEND i HAVE FOUND SUSPENSION PROBLEMS CAN I RETURN IT FOR MY PAYMENT IN FULL?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
-Could you explain your situation a little more?

Customer: replied 3 years ago.


I agrred to purchase a second han mobility scooter whih was delivered last friday. The scooter was described as new but shortly after delivery I decided that the suspension was very faulty and that I want to return the second hand scooter wich I have had only three days and buy a new ome.

Expert:  Jo C. replied 3 years ago.
Ok.

So what would you like to know about this?
Customer: replied 3 years ago.


Re Seven Day return rule- does this apply to me and please give me the legal title ie THE SALE OF GOODS ACT ??????

Expert:  Jo C. replied 3 years ago.
You don't have 7 days to return item under the SGA. That is the DSR and then you have to show a distance sale.

You could try to reject this vehicle under the SGA but they would argue that a repair would be more proportionate. It depends on the cost and how bad is the misdescription. If it genuinely was described as new and it is second hand then that is a misdescription and would give rise to rights of rejection although obviously I haven't heard their account for this and you do describe the scooter in your original question as second hand.

Hope this helps. Happy to discuss but please rate my answer.

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