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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 27102
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Our neighbour received and paid for a pair of heating aids

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Good day, our neighbour received and paid for a pair of heating aids on 11th July ‘19 with a 30 day guarantee, sadly passed away on 26th September ‘19 (17 days after the 30 day guarantee had expired)
Assistant: Where is your neighbor? It matters because laws vary by location.
Customer: i explained this to the h/aid company on two different occasions yesterday, each person checked with their Supervisor, neither agent could get any refund, in spite of these being “Extenuating circumstances “ is this correct please,
Assistant: What steps have been taken so far?
Customer: As explained, two phone calls to the h/aid company received non satisfactory reply’s, and my neighbour Passed Away on 26th August 19.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No thanks, ***** ***** moment

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years experience.

I am very sorry to read of the above. May I confirm if the units function correctly and this is the reason for the return request? If they function properly am I correct to infer that the reason for the return request is that they are no longer required due to yuor neighbours sad passing?

Customer: replied 6 days ago.
Hearing aid) — The mortuary Kettering Coroner, Northants

Thanks. May I confirm if the hearing aids function correctly or if they are in any way defective?

Customer: replied 6 days ago.
100% working order

Thank you. Upon someones death, responsibility for that person's estate including assets and debts that may exist passed to that individual's executor named and their will, or if no will was made, to next of kin in a defined order of priority - e.g. spouse, child etc.

The executor or administrator has all the same rights that your neighbour would have had as against the company - no better and no worse. Accordingly they would have a legal right to return the items or require them to be repaired if for example the did not work properly. Also, they would have a legal right to return the hearing aids if there was any kind of moneyback guarantee as was the case here. Unfortunately, if the moneyback guarantee has expired, that right falls away.

Accordingly if the units are not defective, there would be no legal right to return the units despite the extenuating circumstances. It is of course open to the hearing a company to agree to accept the return despite having no legal obligation to do so though from what you say, they do not appear to be overly keen to do so. There is nothing preventing you continuing to pursue them for a definitive answer on this point though.

I am sorry this is not likely to be the Information you were hoping for but I hope at least it clarifies the legal position and this of some assistance in that respect.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to rate my service by selecting the 5 stars at the top of the screen before you leave JA today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer: replied 6 days ago.
Whilst the professionalisms are not at fault, I have to say that the result is totally unacceptable as it gets me nowhere with my claim for a refund for my deceased neighbour, sadly I wish to close this conversation.Kindest Regards
Owen.
Customer: replied 6 days ago.
Please close my “Justanswer” account also.
Kindest Regards
Owen.

I quite understand your comments. Customer services can be contacted via the below link who can help you with your requests:

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