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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26800
Experience:  Senior Partner at Berkson Wallace
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It looks like Ive got to start all over again. I am 86yrs

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It looks like Ive got to start all over again. I am 86yrs old and my mobility is getting worse I want a mobility scooter that will fold up and I can take with me on coaching holidays,so I went to a mobility scooter retailer and explained what I wanted and he sold me a folding scooter for this purpose As soon as it arrived I booked a coaching holiday with a co. that I had used before and when I said I had a moblity scooter they sent me a form to fill in with all the dimensions, they replied saying that they could not take it because it exceeded their weight limit. I tried two other companies that I had been on holiday with and got the same result. When I went back to the shop and told him that the scooter was not fit for the purpose for which I had bought it, he denied any liability. When I spoke to C.A.B. they said that under the Consumers Human Rights Actof 2015 the retailer must either replace the scooter with one which did fulfil the purpose or take back the scooter and make a full refund of the purchase price. The C.A.B. told me to write to the retailer stating this, which I did, but they still deny rsponsibility.I am now stuuck with a scooter that is no use to me and I have spent all my savings (£2,495 ) What action can I take?
JA: Where are you? It matters because laws vary by location.
Customer: I am in England (Suffolk)
JA: What steps have you taken so far?
Customer: I have just told you
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 have spent some time and money talking to you people.

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

How long ago did you buy it and how did you pay?

and it was only after you had bought it you then asked the holiday co's what the specifications were for transporting mobility scooters?

Customer: replied 15 days ago.
the scooter was purchasedon 9th feb 2022 using my debit card, I havent got the dates that Icontacted the coach co they wrote to me on the 18th Mar. and i RETURNED THEIR Form on 21st Mar. The other two companies I just check ed the small print in their brosure

Not what you have asked about but a friend of mine (now sadly deceased) had a Monarch Smarti which folds up incredibly small and you can pop in the boot of the car relatively easily. We used it on our trips all over the world. It revolutionised our travelling. And it would take his 21 stone.

Everything come back to what you’ve been told by the Citizens Advice, under the Consumer Rights Act 2015, goods must be of satisfactory quality and fit for purpose and as described and it’s obvious that this is not fit for purpose because it was purchased to do a particular job and it will not do that job.

You can’t beat the retailer with a blunt instrument until such time as they pay up and your only remedy is to take them to the Small Claims Court.

You need to put that in writing giving them until, say, 4 PM on Friday, 30 June failing which you will issue court proceedings without further notice. I wouldn’t be hanging around.

The new Moneyclaim beta system is easy to use: https://www.gov.uk/make-money-claim

the new system is much better than the old government Gateway system.

You can prepare the proceedings now, at your leisure, save them, and then just pay the fee and press the button when the deadline in your letter before action, expires.

It's then just a case of following the court process and responding to any emails that you receive.

Please note that this is on the strict understanding that you told them when you are buying it but you wanted one that you take with you on coaching holidays. AND it’s on the strict understanding that the company you want to don’t have a particularly low weight limit. If you tried to other companies who have the same weight limit, then it would appear that it is indeed not fit for purpose.

If there is a different model which will do what you want, that would reinforce your claim but even if what you are looking for is an impossibility, you still have a claim.

The new Moneyclaim beta system is easy to use: https://www.gov.uk/make-money-claim

the new system is much better than the old government Gateway system.

You can prepare the proceedings now, at your leisure, save them, and then just pay the fee and press the button when the deadline in your letter before action, expires.

It's then just a case of following the court process and responding to any emails that you receive.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Can I help you any further with this?

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

I'm happy to clarify anything which is outstanding.

Please don't hesitate to ask.

Kind regards

Stuart

Hello again.

If you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart

Stuart J and 3 other Law Specialists are ready to help you
Customer: replied 14 days ago.
thankyou for your reply, it has been more helpful than the advice I had before,you said I should not hang about ,is there any time limit on taking action?

Under the Limitation Act 1980, you have 6 years to bring a claim. But don’t leave it till the last minute.