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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I BOUGHT A QUINGO IN FEBRUARY. I HAD A TRIAL RUN AND I DID

Resolved Question:

I BOUGHT A QUINGO IN FEBRUARY. I HAD A TRIAL RUN AND I DID EXPERIENCE SOME DISCOMFORT BUT I THOUGHT WITH MORE PRACTICE I SHOULD BE ALLRIGHT. IWAS NOT AND EXPERIENCED PAIN GETTING ON AN OFF THE QUINGO. THE SEAT WAS TOO HIGH, I AM ONLY 5FT.10 INS. AND BECAUSE THE JOINTS IN MY LEGS HAVE DIED I CAN!T STRETCH UP. I TOLD THEM AT THE OFFICE, BUT THEY SAID" WHAT DO YOU WANT US TO DO ABOUT IT. AFTER SOME PHONE CALLS THEY HAVE NOW SAID THEY WOULD TAKE IT AWAY. UNFORTUNATELY I HAVE ALREADY PAID THEM FOR A MOBILE THAT I HAVE NOT BEEN ABLE TO USE ,AND MY MONTHLY PAYMENTS SO FAR AMOUNT TO £700. THEY SAY I CAN!T HAVE ANY BACK. TO BUY A SCOOTER MORE SUITABLE TO MY REQUIREMENTS,I SHOULD NEED A £500 DEPOSIT. IT IS MY ONLY WAY I WILL BE ABLE TO GET OUT. AND LIVE A MORE FULL LIFE, BUT I CANNOT AFFORD THAT DEPOSIT. IS THERE ANY HOPE FOR ME
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

Would you ideally be wanting to have a more suitable scooter or would you be wanting to get your money back? Also, how long after buying it did you report it to be unsuitable?

Expert:  Ben Jones replied 11 months ago.

Hi there. Thank you for your request for a phone call. I am unable to talk at the moment but if you provide the information requested, I will review the relevant information and laws and get back to you as soon as I can. Please do not respond to this message after you have provided the information as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 11 months ago.

When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Consumer Rights Act 2015. The law states that the goods must be:

· of satisfactory quality – they must not be faulty or damaged when you receive them;

· as described – they must match any description given to you at the time of purchase; and

· fit for purpose – they should be fit for the purpose they are supplied for,

If they do not match the above requirements, you will have certain legal remedies against the seller. Your rights will not be against the manufacturer as they will only be responsible if there was a manufacturer’s warranty or guarantee with the goods. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

If the goods do not meet the criteria mentioned above, you will have the following rights:

1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase.

2. Ask for a repair or replacement – if you are too late to reject the goods or do not wish to get a refund straight away, you can ask the seller for a repair or replacement. If a repair has been arranged but has failed, or if a repair or replacement are not possible, you are still entitled to ask for a refund, or a price reduction. Alternatively you could get a second repair or replacement at no extra cost to you. However, the retailer can refuse if they can show that your choice is disproportionately expensive compared to the alternative.

A useful rule is that if a fault appears within the first 6 months after purchase, the law assumes that they did not meet the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the fault occurs more than 6 months after purchase, it would be down to the consumer to prove that they did not meet the statutory requirements set out above at the time of sale.

As you are outside of the initial 30 days and are too late to reject them, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable rights you have under the Consumer Rights Act as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.

This is your basic legal position. I have more detailed advice for you in terms of the next steps you need to take if they refuse to resolve this, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 11 months ago.

Thank you. in the circumstances you will most likely be looking at compensation. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.