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Ben Jones
Ben Jones, UK Lawyer
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Experience:  Qualified Solicitor
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My 80-year-old mother purchased a hearing aid from hearing

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Good Afternoon
My 80-year-old mother purchased a hearing aid from hearing and Mobility and it has never worked correctly.
A quick summary of events follows:
29/3/16 hearing aid fitted
30/3/16 emergency appointment as cover broken
7/4/16 called to say problem with sound and it was very loud and tinny
11/4/16 appointment to resolve issues Seemed to work but not happy so requested that pre booked appointment for 20/4/16 be kept so she had a few days to try the changes and see if any further chances were required
20/4/16 appointment problem with cover needed to be resolved again and a further adjustment to volume level were made
over next few weeks several calls to call centre were made and messages left with no response - a new hearing aid was purchased from alternative source.
7/6/16 finally got through on phone and asked for contract to be cancelled was told that she needed to fill in complaint form and return - promised to send
calls made to get the form and eventually wrote to them on 15/6/16 and asked for a cancellation
17/6/16 received letter stating that they would not refund any funds as it was outside of 30-day policy but would send out representative to try and resolve issue
Representative on holiday so no appointment available till 8/7/16 emailed at 11am an asked when a representative would arrive and had an email back confirming that they would be with her between 1pm and 6pm
Never arrived or called to make apologises
I had call form Mum at about 6.15 in distress and very worried
I tried to call H&H l and got no responses so having left several messages’ previously on answer phone that had not solicited any response I emailed to request a call back
On 11/7/16 had email to say no managers were available and the person I should speak too, a Mrs Finnegan, was no leave this started a long list of attempt to get a resolution
Eventually got hold of Mrs Finnegan on 19/7/16 who said she would see what she could do - but called back later in the day to say she had given it to a director to resolve and it was out of her hands
On 20/7/16 I was called by an H&H employee to say that director would do nothing and mum could have another appointment to try and get the hearing aid to work and that they would send a different representative
I asked that they confirm the exact time of the new appointment and said that I would like a guarantee that they arrive this time and believed that a guarantee that they did so would be sensible. I would therefor agree to the new appointment if they agreed to refund the monies if they did not arrive on time. They were not prepared to do this and I would now like to know what I can do to:
1. Avoid distressing my mother further
2. Arrange for a refund of £665 paid for the equipment that has never work correctly
I hope you can assist
Best regards *****

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

Did your mother purchase this online or in-store?

Customer: replied 1 year ago.
no they came to the house
Customer: replied 1 year ago.
no I would like a written answer

OK, thank you for your response Debbie. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 1 year ago.
I do not want to pay any more than already agree before I have something tangible in response

Thanks for your patience. 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, she will have certain legal remedies against the seller. Her 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, she 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 she is too late to reject the goods or does not wish to get a refund straight away, she 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, she is still entitled to ask for a refund, or a price reduction. Alternatively she could get a second repair or replacement at no extra cost to her.

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 she is outside of the initial 30 days and is too late to reject them, she 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 steps she can follow to take the matter further, 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

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

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

Customer: replied 1 year ago.
Thank you for your advice I followed your suggestion and have just received notification that H&M will provide a full refund.Many thanks Debbie Edgar

Great news and glad it has been resolved. Would you please kindly leave your rating for the service provided now as otherwise I get no credit for the tie spent assisting you. Many thanks

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