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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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my name is ***** ***** I would like to ask a question on

Resolved Question:

Hello my name is ***** ***** I would like to ask a question on behalf of my daughter.
MY daughter recently bought a pram from Mothercare in Grimsby which has recently closed down. The pram is 6 months old and in this time has had 3 new hoods. Now the brake is not working and when she took it on the bus was asked to get off the bus as the brake disengaged. It keeps on disengaging. Now the chassis is bent and the basket underneath the pram has broken away from the main chassis. The pram cost over £600 with a car seat of which is also broken and when she phoned Mothercare firstly they asked how old she was and then told her to take it to Hull Mothercare which is approx 40 miles away and she will have to pay a toll charge. they have said that it isnt their problem and that it is down to the manufacturer, that its not their fault that she has to travel to another town to take it back to them. She has asked for a full refund or a new pram of which they have said no but they will send it away to get repaired. She told them that she doesnt want a repair, as its not safe and that she has lost all faith in the pram. Can you please advise of our legal rights. Many thanks Joy Stocks
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.
When did she buy please?
Customer: replied 2 years ago.

The pram was purchased on the 6th of August 2014 from Mothercare of which was not used until the birth of the baby on 17th October. The pram was not used for 2 weeks after the birth due to being hospitalised.

Expert:  Jo C. replied 2 years ago.
Thanks.
That is actually just outside of the first six months of purchase. That will mean under the SGA that she has to prove that it was faulty at the time of sale. That should actually not be very difficult to do. She may well have complained within the first six months anyway which would bring her within the presumptions and given that her local selling store had closed down in the meantime a court would not hold that against her.
Therefore, we can probably presume that the presumptions in her favour will apply. They do not seem to dispute liability anyway. The question is what remedy is appropriate.
In theory she is entitled to either a refund, repair or exchange. They can refuse any one of those remedies in favour of the other if they can show that it would be disproportionately expensive. Given the price of this pram and the length of time she has had it I'm afraid it is likely that a court could say that a repair is appropriate unless they show that they are not capable of repair. Usually you have to give them the opportunity to try though before that applies.
That said, if she is prepared to sue them there is a chance they would not defend it. It is not worth the manpower of doing so. For such an amount companies often do just settle.
She could also complain to trading standards which can often be very effective even if they will not act.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

How do we get in touch with trading standards please?

Expert:  Jo C. replied 2 years ago.
http://www.tradingstandards.gov.uk/
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
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