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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 31609
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Mobilty, I sent my mobility scooter back for repair and it

Customer Question

Mobilty
JA: Where is this? It matters because laws vary by location.
Customer: I sent my mobility scooter back for repair and it came back still not working
JA: What steps have you taken so far?
Customer: I have phoned them to ask why its not working thay sead it will be 3 working days to get back to me , this is all I get when I ring them
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't know
Submitted: 10 days ago.
Category: Law
Expert:  Joshua replied 10 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 10 days ago.

  1. I am very sorry to read of the above. May I confirm roughly when you bought the scooter please?
  2. Is it being repaired by the same retailer you bought it from?

Customer: replied 10 days ago.
It's on finance with mobility connect thay are from morecambe la33pq
Expert:  Joshua replied 10 days ago.
Thank you. May I confirm roughly when you bought the scooter please?
Expert:  Joshua replied 9 days ago.

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms as you will be aware. the position here is that you have two differing sets of rights. The first set of rights you have under any warranty from the retailer which are somewhat limited insofar as that they are limited to the terms of the warranty which are probably not overly generous if indeed any warranty was offered at all or the warranty has not yet expired. I will leave this here though because of what follows.

You have another set of rights by virtue of your contract with the retailer from whom you purchased the scooter. This set of rights are much more extensive as terms are implied into your contract by virtue of the Consumer Rights Act that the scooter must be of satisfactory quality, fit for purpose and as described. During the first six months, any faults are automatically assumed to be inherent as opposed to having been caused by damage - in other words the retailer  has to prove they were not present when you bought the scooter and have been caused by damage by you; you do not have to prove that you have not damaged the scooter. After the first six months, the burden of proof switches to you to show that any faults are inherent as opposed to having been caused by damage though this is not usually difficult as damage is usually fairly clear - e.g. physical damage by an accident failure to maintain properly and so on.

Expert:  Joshua replied 9 days ago.

The Consumer Rights Act gives you the right to reject a scooter if it is faulty but that right only exists for a short period - a little under a month, but you still have rights under the above legislation. Under these rights, providing you can show the fault was caused by a fault and not damage caused by you, you can insist upon a repair or replacement at the retailers discretion. You are required to give the dealer reasonable opportunity to repair at least once. If the retailer cannot or refuses to replace or repair the scooter or fails to repair the scooter more than once, then you can seek as an alternative a price reduction or exercise a final right to reject the vehicle and return it for a full refund less any reasonable deduction to take account of your use of the scooter.

In terms of how you may consider proceeding. You may wish to write to the original retailer inviting them to consider repairing or replacing the scooter on the grounds that is faulty and the faults existed at the time you bought the scooter and were not caused by you. If they do not respond or you are not satisfied with their response then you can consider writing to them again advising that if they do not reply with their substantive proposals within 14 days of the date of your letter you will have little option but to issue proceedings against them in the county court.

If you decide to issue proceedings for breach of contract as above the simplest way to do this is by using the money claim online court service.

https://www.gov.uk/make-money-claim

Expert:  Joshua replied 8 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 8 days ago.
I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 7 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.