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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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My elderly (80s) disabled parents recently had a salesman

Resolved Question:

My elderly (80's) disabled parents recently had a salesman from Becketts Farm mobility in Birmingham sell my mum a wheel chair and power pack. They agreed to give my mum £300 px on her scooter.
The bill came to £1100 less the £300 px net £800.
I have since researched the equipment and the RRP from the manufacturer for the parts purchased is £899 and not £1100. Therefore they have upped the price to alleviate the PX.
I have also checked the restrictions on the equipment and both the wheel chair and power pack are limited to max 18 stone, when evidently my mother is in excess of this and her drugs are causing her to increase in weight. Therefore she has been sold an item which is 1. unsuitable for her use and 2. which has been inflated on price.
Please can you tell me if there is anything we can do.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Selling for an expensive price is not unlawful per se.
What is the misselling ? What was the misrepresentation?
Customer: replied 2 years ago.

My mother is in excess of 20 stone, which she pointed out to the salesman. He said to her that the unit was suitable for up to 18 stone and that she would be ok with it. When she uses the wheelchair it struggles with her weight and my elderly father therefore cannot control it.

They made it clear to my mother that the cost of the items was worth £1100 and £300 px when in actual fact the items can be purchased from anywhere for £899. They have,i would suggest, inflated their price to take the px for free and therefore misled my parents. They have preyed upon elderly and infirm people.

Expert:  Jo C. replied 2 years ago.
The inflated price is a non issue. That is not misrepresentation. That is just being expensive.
Also, please forget about things like 'preying on the elderly and infirm'. I know those words are littered all over the internet but it substantially weakens your position. Elderly and infirm people are subject to the laws of contract just like anybody else and some judges will interpret that as a person pretending to be vulnerable to gain advantages. In this case, there is no need anyway.
There may be a misrepresentation argument over the weight issue. If her account of this is accepted then he said something untrue or misleading at the time of sale.
Its always very difficult to prove a misrepresentation when it is verbal rather than set down in writing. He might well deny saying that or conveying that meaning.
However, if it is set down in writing that it is suitable for up to 18 stone and she is 20 stone then it would seem that, at least, is capable of proof. I suppose they could start arguing that they didn't know she was know she was over 18 stone but its a fairly important question that they should have asked. I'm not sure that would get anywhere before a judge. Its clearly not suitable for her.
She could always sue in misrepresentation. Its not really a case suitable for a refund of the diminution value. Its either a full refund and a return of the item or nothing really.
There might also be an argument under the distance selling regulations. it depends on the nature of the sale but you seem to be describing something that happened away from their place of business. If they do apply then there would be an automatic right to cancel within 7 days.
Can I clarify anything for you?
Customer: replied 2 years ago.

He wrote on their receipt suitable for up to 18 stone.

He demonstrated and sold the item in my mothers home, not at their business address.

I need to visit the store tomorrow and have a discussion with them with some credible argument.

Please can you confirm If there are any ground for me to pursue this for my mother.

Expert:  Jo C. replied 2 years ago.
No, you cannot sue on her behalf but you can attend at the store.
She will have to sue although I suppose you could act as a Mckenzie friend at court.
If the item was sold at her home address then the DSR does apply unless this is a product sold to specification.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience: Over 5 years in practice
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