News1 min ago
Advice On Consumer Law Please..
Very simply, less than two years ago I bought a mobility scooter. Brand new at a cost of £1,500, plus a further £200 for solid tyres.
It gets used about once a week usually, and then locally so it has hardy done a lot of miles.
Anyway, it started playing up to the point it became dangerous and i took it in to be fixed. The dangerous part was that it was so slow to stop going downhill, i did a ten yard skid.
I didn't expect to pay nothing but have been told the repair will cost about £600 which I think is excessive given the time I have had it and the use I have had from it.
Pardon the oun but have I a leg to stand on?
It gets used about once a week usually, and then locally so it has hardy done a lot of miles.
Anyway, it started playing up to the point it became dangerous and i took it in to be fixed. The dangerous part was that it was so slow to stop going downhill, i did a ten yard skid.
I didn't expect to pay nothing but have been told the repair will cost about £600 which I think is excessive given the time I have had it and the use I have had from it.
Pardon the oun but have I a leg to stand on?
Answers
1 to 12 of 12
Under the Sale of Goods Act goods must be as described, of satisfactory quality and fit for purpose. As the fault has arisen after 6 months it is on you to prove that the fault was there when you bought it - an inherent fault. I would pursue it under this Act as the scooter is not of satisfactory quality - one would expect it to last more than 2 years. If you bought the...
18:20 Wed 09th Apr 2014
I don't seem to be making myself understood here. There are certain EU and Government regulations that act in addition to any guarantees offered by the manufacturer or seller.
For instance, if you buy a TV which breaks down AFTER the guarantee period expires, you can still have some recourse because strictly speaking it is not something you should expect to go wrong having spent £X on it. I believe the legal term is of merchantable quality, but I don't know.
To those who asked, I have no idea of the guarantee term - I have the paperwork still, but due to work being done in the house, I cannot access it. Even so I think it is probably a year.
Re service schedule, it is an electric mobility scooter, not a car. It doesn't have one.
Re what is wrong, it is the power controller...too slow uphill to the point it almost stops, even though it is doing hills done before, and too fast downhill to the point of being dangerous.
To my mind it has had BELOW expected usage in the time I have had it, and whilst some cost may be expected to be paid to repair, given that nearly fifty percent of the purchase cost is being asked after less than two years, I think that is a bit much.
It is like being expected to pay for a new engine to fit on a car bought new....when you bought the car, you had every right to expect the engine - an essential part - to last a reasonable time.
I am sure there is some legal comeback here and all I want is advice from someone who actually knows. Thanks.
For instance, if you buy a TV which breaks down AFTER the guarantee period expires, you can still have some recourse because strictly speaking it is not something you should expect to go wrong having spent £X on it. I believe the legal term is of merchantable quality, but I don't know.
To those who asked, I have no idea of the guarantee term - I have the paperwork still, but due to work being done in the house, I cannot access it. Even so I think it is probably a year.
Re service schedule, it is an electric mobility scooter, not a car. It doesn't have one.
Re what is wrong, it is the power controller...too slow uphill to the point it almost stops, even though it is doing hills done before, and too fast downhill to the point of being dangerous.
To my mind it has had BELOW expected usage in the time I have had it, and whilst some cost may be expected to be paid to repair, given that nearly fifty percent of the purchase cost is being asked after less than two years, I think that is a bit much.
It is like being expected to pay for a new engine to fit on a car bought new....when you bought the car, you had every right to expect the engine - an essential part - to last a reasonable time.
I am sure there is some legal comeback here and all I want is advice from someone who actually knows. Thanks.
Under the Sale of Goods Act goods must be as described, of satisfactory quality and fit for purpose.
As the fault has arisen after 6 months it is on you to prove that the fault was there when you bought it - an inherent fault. I would pursue it under this Act as the scooter is not of satisfactory quality - one would expect it to last more than 2 years.
If you bought the scooter on HP then a different law applies - Supply of Goods Implied Terms Act. Under this act you pursue the finance company, not the seller.
If you paid by credit card you can also seek redress from them under s.75 of the Consumer Credit Act.
So, more details about the actual purchase are needed at this point.
As the fault has arisen after 6 months it is on you to prove that the fault was there when you bought it - an inherent fault. I would pursue it under this Act as the scooter is not of satisfactory quality - one would expect it to last more than 2 years.
If you bought the scooter on HP then a different law applies - Supply of Goods Implied Terms Act. Under this act you pursue the finance company, not the seller.
If you paid by credit card you can also seek redress from them under s.75 of the Consumer Credit Act.
So, more details about the actual purchase are needed at this point.
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