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Ross Miller
Ross Miller,
Category: Scots Law
Satisfied Customers: 622
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I bought a month Assistant: Where are you? It matters

This answer was rated:

I bought a month
Assistant: Where are you? It matters because laws vary by location.
Customer: Mobility scooter just over a month ago. Aberdeenshire
Assistant: What steps have you taken so far?
Customer: I phoned him within 30 days he had no cooling off period so I know that doesn't apply.. I hadn't used it because my mother had just died and I barely left the house then I decided I didn't want it I had bought it without thought and have found much more powerful better looking ones online, I told him when I bought it that I wanted it to take on forest walks.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Yeh my ramps were no use due to the width of back wheels and couldn't make it over a 5cm lip above the ramp so it locks the brakes on and wont move. I have got multiple disabilities mostly depression AND psychological and a badly injured spine. I was never asked any health questions, which I find strange. I phoned him and said I didn't want it and explained my medical problems and I bought it whilst on a high and felt he should have asked basic health questions, he refused to take it back even at a lower price saying its 2nd hand now and that I would need one of his ramps due to the difference in the placing of the front and back wheels at 129
Customer: replied 1 month ago.
I am obviously not seeing it all but I was onto the ramp which he wanted £129.99for I said no way he had already got a fortune of me so he said 100. I did comment on how it didn't sit flush with the door ledge and when u push on the top the bottom lifted up. He said dont worry hand me the instructions and took off. I got out and it was great got some shopping and walked the dogs. When I came back I lifted the shopping and took it and dogs inside. Went to what I thought was go inside but half way up if wheeled. Luckily it has a bit for stopping it toppling. The brakes locked I tried and tried to unlock them but no so I had to guy to help me it's now outside in a storage box and i now have a scooter that i think either it or batter is faulty and a ladder that i dont need even in the instructions it says it must sit flush at the top.
Hello,
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Nicola
Customer: replied 1 month ago.
Keep trying please

Hello, my name is ***** ***** I can help with this matter.

I think you will find some difficulty in returning the scooter however, you do have rights under the consumer rights act and it would be up to your to show that these apply. You can return goods (by law) 30 days from the date of purchase if they are either a) faulty or b) not fit for purpose (I think you would be looking at the latter). However, if you miss the 30 day period then within the first 6 months, you have to give them the opperdunntiy to "remedy" the situation this may be by providing you with a relevant scooter, or fixing the one you have. If your time exceeds 6 months then the onus shifts to you to show that there was an issue with the scooter upon purchase. The difficult I think you have is that the scooter is not faulty, but potential not fit for purpose. No complaint was made at the time the scooter was purchased. However, you may have some luck trying to return the scooter based on it not being fit for purpose. I hope this helps.

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions.

Kind regards

Ross

Ross Miller,
Category: Scots Law
Satisfied Customers: 622
Experience: Director (Litigation and Mediation) at Hilltop Solutions
Ross Miller and other Scots Law Specialists are ready to help you
Customer: replied 29 days ago.
the ramp?

You would likely be able to argue that the ramp is not fit for purpose as the instructions say that it has to sit flush and in realist it doesn't so I would expect to be refunded for the ramp.