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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59601
Experience:  Qualified Solicitor
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I have a mobility scooter that I've not used. I tried to

Customer Question

I have a mobility scooter that I've not used. I tried to return within 14 days but the company is not taking it back.
Assistant: Where are you? It matters because laws vary by location.
Customer: Northamptonshire but a Peterborough post code
Assistant: What steps have you taken so far?
Customer: I've written to them via email and called them by phone. It's taken me ages to get a reply. They flogged me off at first. Its complicated as I applied through a charity who to get funding. The charity are on my side but it was me who called the company within 14 days not the charity and the company are arguing that they will not take return as the charity did not contact them within 14 days.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I'm paralyzed on ESA and PIP as cant work
Submitted: 5 days ago.
Category: Law
Expert:  Ben Jones replied 5 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 5 days ago.

Why do you want to return it?

Expert:  Ben Jones replied 5 days ago.

Also, what reason have they provided for not wanting to take it back?

Customer: replied 5 days ago.
I wanted it as it weighs 25 kg and I hoped that either myself or elderly father could lift it into the boot of his car so I could get out. However neither of us can lift it at all. Since then I've seen a clip on wheel for wheelchair which only weighs 12 kg from somewhere else so would like that instead as the mobility scooter is not useful.
Expert:  Ben Jones replied 5 days ago.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 5 days ago.
Dont call me as I cant afford £44. Will you still let me know? Thanks
Expert:  Ben Jones replied 5 days ago.

Yes I will reply in writing here today

Customer: replied 5 days ago.
I forgot to add that I rang them within 14 days and have the call log. They say that the charity should have contacted them and not me. It's been going on since May as during the initial phone call I was "told not to worry about it and they'd sort it out between themselves and the charity". I just keep being flogged off and cant seem to reason with them. The item is still unused and new condition.
Expert:  Ben Jones replied 5 days ago.

Many thanks for your patience. You should still argue that it does not matter who asked for the return, as long as one was made within the specified time period of 14 days after delivery. After all, if you had purchased it privately, you or someone lose in your friend/family circle may have contacted them to reject and they would not have known any better. So really it is the fact that a rejection was communicated more than who did it.

If they refuse to accept the return you can consider taking this further and that means going to the Small Claims Court to seek a refund through a claim for compensation.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

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

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 them for the compensation in question. 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 a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

Does this answer your query?

Customer: replied 5 days ago.
Thanks very much for your in depth response. I have sent emails trying to resolve this matter does this count as a 'reminder letter'?
Customer: replied 5 days ago.
As evidence that I made contact with this company within 14 days I only have my mobile phone call log is this adequate? Also I would like to return this unused mobility scooter so is the money claim website still ok as I'm not seeking money?
Expert:  Ben Jones replied 5 days ago.

Emails can count as reminders but just make sure you send a more formal letter before action - there will be various templates online for that

What you would be seeking in your case is compensation to the value of the scooter you purchased, so in effect a refund - if you gwt it then they can arrange for the return of the item to cover the refund they had to give you

Customer: replied 4 days ago.
Thanks for your prompt reply Ben. The Director of the company is saying that when I rang them " I wanted to exchange the mobility scooter for another one but lighter so my Dad can lift it into the boot of his car" this is correct but being as they didnt have anything suitable I asked to return it. This is when their sales person told me that He'd "sort it out and don't worry theres no need to contact them again"! Now because of this the Director is saying that I didn't return the mobility scooter to them within a further 14 days of contacting them so that's the end of it. I dont know if I have a leg to stand on now as I did not send item back however they say that I hadn't said that I wanted to return item. This is untrue. I also didn't return the item as the sales person told me that he'd sort the returning of it out. I cant prove this can I but I feel really flogged off. Everytime I seem to be winning they come out with something else. I feel stressed. Please tell me where I stand?
Many Thanks Phil
Expert:  Ben Jones replied 4 days ago.

The law states that

“Where a sales contract is cancelled … it is the trader’s responsibility to collect the goods if (a) the trader has offered to collect them, or (b) the goods were delivered to the consumer’s home when the contract was entered into and could not, by their nature, normally be returned by post.”

If the above does not apply, then it is your responsibility to return them to the seller and it mist be done within 14 days of the date you informed them of the cancellation

Customer: replied 4 days ago.
I'm unclear as it seems to be my word (that I wanted to return item within 14 days) but the trader says that I didnt and also I should of sent them back. So please clarify as I'm confused and I have a call log to prove that I did contact him within 14 days but cant prove that I asked for it to be returned. Also he has now messaged me his companies policy (which I haven't seen before as small print on his website) which says that I should of asked him to collect and I pay £80. I DID ask for it to be collected and was told that it would be but it wasn't. I dont know how a judge would view this as hes trying to wriggle out of any responsibility. Please make it clear for me? Thanks
Expert:  Ben Jones replied 4 days ago.

Have you asked if the conversations were recorded?

Customer: replied 4 days ago.
No I have not but if it was he would still say that it wasn't because you'll hear the truth of me saying that I'd like it returned.
Expert:  Ben Jones replied 4 days ago.

I know but you cans still ask. In any event, it could just end up being your word against theirs. There is no easy way to resolve this unfortunately. If you cannot reach an amicable agreement you will have to challenge them in the Small Claims Court – there may be no other way around it

Customer: replied 4 days ago.
It seems impossible with him as wriggling out of everything. I think I have two options. 1. Keep item. 2. Go to small claims court.
However in your experience and opinion what would you conclude as a judge? I'm trying to work out if I have a decent chance of winning.
Expert:  Ben Jones replied 4 days ago.

Due to the specific lack of evidence of what was said and promised, there is always a risk they may believe the seller instead of you. However, whether that happens is impossible to predict – it is just that there will be that risk.

Unfortunately, the rules I work under do not allow me to discuss your chances of success in court. When solicitors determine these, we would conduct a formal case analysis and take the full details and evidence that are available into consideration. On this site we deal with very limited information in a Q&A format, so inevitable certain details and evidence will be missed. Therefore, if we discussed prospects of success based on this limited information alone, we could end up giving misguided advice and prompt you into either making a claim or not making one, when in reality we may have advised the opposite had we known the full details. That is why we are only limited to discussing the legal position and your options, without actually commenting on how good or bad a case you have. Hope this explains things for you

Customer: replied 4 days ago.
Thanks I understand. So to clarify I'm claiming money for the cost of the mobility scooter?
Customer: replied 4 days ago.
Thanks
Expert:  Ben Jones replied 4 days ago.

Yes, the amount you paid