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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70126
Experience:  Over 5 years in practice
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We bought an electric mobility scooter from active forever

Customer Question

We bought an electric mobility scooter from active forever USA but it arrived damaged. We purchased it with a Tescos Credit Card. It was then financially dealt with by Bongo. We told all that the goods have arrived damaged but we have not received any help to get our money back. No one seems to want to help with this we feel we have been left high and dry. Please can you help or tell us how to proceed?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

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

I will just need to ask some preliminary questions if thats OK so that I can consider your position properly.

How did you pay ? Was it by credit card?
Customer: replied 4 years ago.
We payed for the carte by using Tesco Credit card.
For the £61 I am using my Barclays connect Visa card.
Expert:  Jo C. replied 4 years ago.

Sorry, I should have made that clearer. I just wanted to check it was definitely a credit card and not a visa debit etc?


I think you do say above that you paid by Tescos credit card but you do mean a visa purchase?



Also, does the USA company have any office in the UK do you know?

Customer: replied 4 years ago.
As far as we know Bongo is an American Internet company similar to PayPal. And Active Forever are only located in America. We have spoken to all parties by phone at length and the outcome so far has been that because we purchased with a Tesco,s card Tescos are responsible for any refund. The Tescos bank have said a check has been sent to us and has been signed for but this has not happened and information of the carte has either not been received or my recent pictures sent via my ipad. It seems every effort has been made to avoid a refund being paid. This was a new pair of legs for my wife who is disabled but has turned into a nightmare. DHL were the ones who smashed the Item during transit they should've made to pay for the item and compensate for stress caused to my wife and myself. We are very upset.
Expert:  Jo C. replied 4 years ago.
Yes, its disgraceful service. Blaming Tescos isn't particular impressive of them either.

Ultimately, the fault lies either with the selling company or their transport agency. Its impossible to which and it isn't really for you to do that.

You have a claim against the seller. They are your contractual partner. In truth though, if they are solely based in the USA suing them its your best option. Actually its probably a small claims court sum and you can sue in most states quite cheaply but its still more convoluted than your alternatives.

You could always sue DHL but then you would need to prove that they are responsible.

If you did pay by credit card though then S75 CCA gives you identical rights against your credit card company as you would have against the seller which are very useful here. The reason Tescos have offered you a cheque is that they are liable on behalf of the company. they will seek to recover from the company and they can do that as they have offices in the States.

It might well be that the company will recover from DHL but ascertaining who is to blame for that is down to them.

In relation to recovering your funds, you can always sue Tescos and you would win. They have clearly accepted their liability and agreed to send you a cheque even if they haven't done it.

I wouldn't suggest suing immediately though. Instead, send them one letter by recorded delivery giving them 14 days to pay in full. Make clear that you will sue if they do not. Its very unlikely that you would have to sue if you do that as they will cave in.

If they do not respond then issue against them here

If the facts are as you say then you will win.

Hope this helps.

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