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Entitled to a refund or do I have to accept a replacement?

I recently left one of my hearing aids with my hearing aid shop for repair. They sent the hearing aid to the repair company but it went missing in the post on the way there.

The hearing aid shop have offered me a replacement hearing aid to the same standard of my original, however as my original hearing aid was 7 years old I would like to replace them both with a pair of new ones. ie I pay for one and the shop pays for the other.

The replacement on offer is the same make as the one that went missing (as this is the only make the shop sells), however as the old hearing aids have proved to be unreliable, I would prefer to have a cash sum instead of a replacement, so that I can get a new pair from a different manufacturer elsewhere.

I asked the shop's head office and was told that they are only able to offer a replacement of the one make, and can't supply any other brand or offer cash instead.

Can anyone tell me if I am legally entitled to demand cash, or do I have to accept their replacement?
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Comments

  • uktim29
    uktim29 Posts: 2,722 Forumite
    No you'd have to accept a replacement.

    What amount of cash were you expecting? You can't expect them to pay you the amount of cash for a brand new pair when the ones replaced were 7 years old. Or are you suggesting the difference? Having said that they still wouldn't have to give you cash.
  • andy625
    andy625 Posts: 11 Forumite
    I appreciate that they were never realistically going to give me an amount equal to the value when new, I am/was prepared to accept a percentage of the new price though.

    They were originally £1500 each and are insured for £1500 each on my house insurance policy.
  • stugib
    stugib Posts: 2,601 Forumite
    1,000 Posts Combo Breaker
    Is there some other factor involved here like an ongoing maintenance/rental contract or something, because I'm amazed they were even interested in trying to repair it for free, or offering a replacement for something 7 years old?
  • uktim29
    uktim29 Posts: 2,722 Forumite
    To answer are you legally entitled to cash? No.
  • andy625
    andy625 Posts: 11 Forumite
    OK I'd reluctantly decided to accept the replacement anyway, I was just interested to know where I stood legally.

    The hearing aid was not under any sort of warranty, I was going to pay them to get it fixed (as it wasn't working quite right). I originally bought them at a cost of £3000. At that price I do not expect to have to replace them after 7yrs.
  • pinkshoes
    pinkshoes Posts: 20,609 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Legally they are obliged to replace your hearing aid like for like which they are doing, so I don't know why you're reluctant to accept this.

    Asking for cash instead is just cheeky! If you want a new pair, then I suggest you sell yours on ebay!

    I'm amazed that they put something worth £1500 in the post and didn't courrier it.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Brooker_Dave
    Brooker_Dave Posts: 5,196 Forumite
    pinkshoes wrote: »
    I suggest you sell yours on ebay!

    After it's been in someone elses lughole?

    About as appealing as a used cotton bud...
    "Love you Dave Brooker! x"

    "i sent a letter headded sales of god act 1979"
  • Timman
    Timman Posts: 31 Forumite
    After it's been in someone elses lughole?

    About as appealing as a used cotton bud...

    Actually this ain't so daft. One set has just sold second hand for £300+ on ebay.
  • Brooker_Dave
    Brooker_Dave Posts: 5,196 Forumite
    Timman wrote: »
    Actually this ain't so daft. One set has just sold second hand for £300+ on ebay.

    People buy used underpants and smelly socks on ebay....
    "Love you Dave Brooker! x"

    "i sent a letter headded sales of god act 1979"
  • pinkshoes
    pinkshoes Posts: 20,609 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    After it's been in someone elses lughole?

    About as appealing as a used cotton bud...


    Have you not seen what people will pay for on ebay nowadays?!? :rolleyes:

    The technology bit is of value, but I guess you'd have to get it remoulded to fit your own ear!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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