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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70188
Experience:  Over 5 years in practice
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i had stair lift eventully fitted in feb this year, in december

Resolved Question:

i had stair lift eventully fitted in feb this year, in december they sent wrong lift then my old lift was took down then put bach up because they had wrong lift, my lift was verey dangerouse from then on, i did not really want to use this company but they said i could have it on finance.. i was only haveing a new lift because they said mine was obsolit and would not be able to repaird if anything whent rong. WRONG i recieved a letter after haveing a lift that wont allow me to open my front door,hot my knees on the corners. T op it all demmanding full amount and i cant pay, i have no signed contract, but i o have proof were they say they ould have updated my old one free of charge. Also i have paperwork saying a depossit would need to be paid wich i never was asked to pay, i thought because it was going to be on intrest free finance but i havnt got the lift they said they would put in now have awrit from high court. i have been having treetment for cancer
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry if I'm missing the point but on what basis are you hoping to avoid liability? I presume you have the stair lift?
Or am I wrong?
Customer: replied 2 years ago.

yes i only had this because aftrer my old one was took out then put back in . it did not work safley this same company told me that i would need a new lift becaus mine was obsuleet. But it was not because i recieved a letter from same company 4 days later after haveing the lift in that mine would have been upgraded free of charge, even asked who took the lift out, well they did. Yes i have but it was supposed to be so much per mounth not all in one go and both companys are asking for payment

Expert:  Jo C. replied 2 years ago.
Ok.
Is it in writing anywhere that they said the old was obsolete?
Customer: replied 2 years ago.

yes

Customer: replied 2 years ago.

yes i also have alll papperwork, garranteeing a lift i dont have, and how come they decided to fit without deposit. if i was not getting finance. they decided after fitting that it was not going to be the case. i have told them they can have lift as i cant even open front doore to get wheelchair out

Expert:  Jo C. replied 2 years ago.
In what form is the statement that your old lift was obsolete?
Customer: replied 2 years ago.

they woul not get parts

Expert:  Jo C. replied 2 years ago.
Sorry?
Customer: replied 2 years ago.

they woyld not be able to get the parts if it brok down

but 4 days after fitting 3 number lift they sent to do upgrade and asked who took lift out (THEY DID)

Expert:  Jo C. replied 2 years ago.
OK.
What I need to know is in what form is that written statement?
Is this a letter or an email?
Customer: replied 2 years ago.

NO IN LETTER

Expert:  Jo C. replied 2 years ago.
Thanks.
You could argue that amounts to a misrepresentation. If you were told it was obsolete and its not then that is a misrepresentation.
Did you finance it using another company?
Customer: replied 2 years ago.

NO THEY ARE TAKING ME TO COURT FOR FULL AMOUNT AND ONLY AFTER FITTING IT THEY SAID I CANT HAVE FINANCE.AND HAVE TAKEN IT TO HCE

Expert:  Jo C. replied 2 years ago.
Thanks.
You do have a defence then on the basis that this was a misrepresentation.
If they said something untrue or misleading at the time of sale then that is a misrepresentation if you relied upon it to buy.
If the court finds in favour on that point then you would not be liable to pay at all. You do have to prove that a misrepresentation existed though. The statement about finance probably would not get over that hurdle on that specific point.
You need to gather evidence to the effect that your old stair lift is not obsolete though as you have to prove the defence
Can I clarify anything for you?
Jo
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