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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I wonder if you could let me know where I legally stand

Resolved Question:

I wonder if you could let me know where I legally stand regarding my question. I put my wife's mobility scooter into a Company called Lewis Mobility for a service in April of this year. They came back stating it would cost approx £600 to fix. As my wife was a double below knee amputee, I decided to purchase a brand new scooter as I didn't want it breaking down whilst whe was out. They took the old machine as well as £1595 for the new machine to which I paid in full. The machine arrived end of April and had not been used. My wife of 40 years went into hospital on the 9th May 2016 and unfortunately passed away on the 21st May.
I contacted Lewis mobility asking them to collect the machine and for a refund. They told me I couldn't have a refund but they would sell the scooter on my behalf. I keep contacting them but they say they're still trying to sell it. The machine was never used and it's now been 3 months since my wife died, can you please let me know if this is legal or am I entitled to the full refund?
Many thanks for any help you can give me re this.
Russell Reeves
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you.

What would you like to know about this today please?
Alex

Customer: replied 11 months ago.
Hi Alex, l want to know if Lewis Mobility have a legal right not to give me a full refund due to the information I sent this morning.
Expert:  Ash replied 11 months ago.

Sadly not. If you ordered at a distance you have 14 days to cancel the order and get a full refund from date of delivery. As this was in April then sadly you outside of this time.
In law they do not have to give you a refund, its a commercial decision for them.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?
Alex

Customer: replied 11 months ago.
Thanks for your reply however I do not think I made myself clear. I purchased the scooter in late April this year and the company took it back approx three weeks later, ie end of May. This was only a few days after my wife died on the 21st May, (and she had been in hospital since the 9th). I appreciate that there's a 14 day deadline however as my wife had been admitted to hospital within this deadline and the scooter hadn't even been used (to which Lewis Mobility agreed!) surely there's extenuating circumstances to this issue? My wife had used the Company since 2006 and I didn't think it was going to be a problem getting a full refund however they've had the scooter back since May and it's now August and not received a letter, phone call or email informing me of what's happening. What can you suggest I do?
Expert:  Ash replied 11 months ago.

So they have had the scooter back?

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
Thanks!, as stated, they took the scooter back a few days after my wife passed away, however when I asked for a refund at the time, they said this couldn't be done but they would sell it on my behalf. Are you saying this is not correct?
Expert:  Ash replied 11 months ago.

Yes, they took it back. Claim a full refund

Does that clarify?

Ash and other Law Specialists are ready to help you