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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience:  Over 5 years in practice
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I PURCHASED A POWERCHAIR FROM BROADLAND MOBILITY ON 24/09/2013..I

Customer Question

I PURCHASED A POWERCHAIR FROM BROADLAND MOBILITY ON 24/09/2013..I KEEP HAVING TROUBLE WITH THE LEFT WHEEL ,IT SPINS AND I DONT MOVE.REPORTED THIS BACK TO THE SHOP...TO WHICH THEY REPLYED, IT WASNT THEIR PROBLEM...GET INTOUCH WITH YOUR COUNCIL AND TELL THEM THEY NEED TO SORT YOUR FLOORS OUT... OR UP YOUR SPEED WHICH TO ME WOULD WORRY ME INCASE I HURT MYSELF ...OR BUY ANOTHER POWERCHAIR ...THEY JUST DIDNT WANT TO KNOW...I HAVENT LEGS SO I NEED TO GET ABOUT ON MY OWN,AS VERY INDEPENTENT LADY.PLEASE CAN YOU HELP ?..MAVIS.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

How much did you pay for the powerchair please?
Customer: replied 3 years ago.


£1.200.00

Expert:  Jo C. replied 3 years ago.
I presume this was brand new?

is there any fault with your floors?
Customer: replied 3 years ago.


YES BRAND NEW POWERCHAIR..ANS MY FLOORS ARE IN GOOD CONDITION

Expert:  Jo C. replied 3 years ago.
Do you know why they say this isn't a fault with the chair?

On what basis do they blame the floor?
Customer: replied 3 years ago.

Goodmorning.my floors are tiled..never had any problems before ,my previous powerchair was fine on all floors... these powerchairs are made by ROMA MEDICAL they use plastic solid wheels..I did inquire at the shop if they could change the wheels,they said no ...all powerchairs are suplied with this wheels....personnaly i dont think theres good grip on these wheels, as sometimes when im transferring the chair slides. and this makes me nervous...that has never happened before on my old chair...what they did say at the shop no 2 chairs are the same on floors...have answered the best way i can.

Expert:  Jo C. replied 3 years ago.
Thanks.
What I need to know is on what basis do they blame the floor?

Or do you just not know?
Customer: replied 3 years ago.


SORRY CANNOT ANSWER THAT QUESTION...DONT KNOW ...BROADLAND MOLIBITY SAID SOME WHEELS DONT LIKE SOME FLOORS ...THATS ALL I CAN SAY.

Expert:  Jo C. replied 3 years ago.
Did they tell you that before you bought?

Or ask you about your flooring?
Customer: replied 3 years ago.


NO, THEY DID NOT TELL ME THAT...OR ASK ABOUT MY FLOORS.

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

On the face of it then the store would seem to be liable.

If the chair needs particular types of flooring then that should have been brought to your attention at the time of sale.

Otherwise it would seem that the fault can only lie with the chair and they are liable for that.

You are just within the first six months of sale so there will be a presumption that any fault that does exist was there at the time of sale unless the store can disprove it. Even if you don't sue within that time you have complained so time runs from the date of first complaint.

you can always complain to trading standards.

However, ultimately if they will not comply with the law then your only option is to sue. There is no other way of forcing them to act in accordance with the law on this point.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.


Jo, Please can you explain how I can sue them ....as I dont understand the law that well. and also would I be able to get legal aid....many thanks,mavis.

Expert:  Jo C. replied 3 years ago.
This is almost certainly a small claims court sum. That will mean that it will be cheap and quick to sue but you will not get legal aid.

You can issue here

www.moneyclaim.gov.uk

Its a good idea to send them a letter before action warning them of your intention to sue if they do not make an offer within 28 days.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 3 years ago.


FOR JO C, PLEASE WOULD YOU SHOW ME HOW TO WRITE A LETTER OUT ...Many thanks.Mavis.

Expert:  Jo C. replied 3 years ago.
A letter before action is simple enough.

You just write to them saying that the chair doesn't work. They have 28 days to repair or remedy it and in default you will instruct another to do it and sue them.

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