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Problem with mobiity scooter - who's right?
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kernowayr
Posts: 65 Forumite
Trader solicited a visit to my parents' home to demonstrate a mobility scooter and refused to leave without a firm order that day for a particular make/model. Scooter delivered about a week later (approx. 3 months ago now) and a cheque for 50% of £2K cost taken as part payment on delivery with remainder to be paid in monthly instalments over course of the next few months (some payments still outstanding). Not quite sure how he got the lead to my parents' in the first place and, conveniently, he seems to have forgotten as well by now !!
Almost immediately problems started with punctures/faulty tyres such that already 3 out of 4 have required attention. Trader has re-attended on two separate occasions although not based locally in an attempt to "sort the issue out). He provided 2 new inner tubes - they are pneumatic tyres not solid infilled standard rubber ones and has offered a further 2 inner tubes only free of charge but that's it.
The main and probably only leverage we have with the trader, as a consumer, is that he has handwritten on the delivery note that in addition to providing the scooter he was providing additional accessories that normally have to be paid for and "puncture proof tyres" the latter of which turn out to be solid infilled tyres and not pneumatic ones.
We have therefore written to trader advising him that his offer of 4 tyre tubes for pneumatic tyres by way of a resolution are refused and that, instead we want him to source and pay for a full set of 4 solid infilled tyres instead (and have these professionally fitted, again at his own expense). Trader is seeking to rely on terms of warranty from manufacturer that states tyres, bulbs, battery etc. are all excluded on the basis that these are normal wear and tear items and he has already gone "over and above the call of duty to assist the customer" at his own expense and in his own time.
We have given him 14 days within which to respond to this request, failing which the matter will be reported to Trading Standards on the basis that the original tyres are not "as described" at point of sale nor "fit for purpose", more specifically to be used out of doors in a standard urban builti-up environment, on pavements only (this is a luxury 4mph Class 2 mobility scooter we are speaking about here - Pride Celebrity X is the make and model although Pride inform me that it has been discontinued which might explain why I can still find adverts for it online both here in the UK and overseas at substantially less money than the £2k my father has, technically speaking, agreed to pay for it.
Would appreciate some opinions from Consumers here as to whether they find in favour of the trader or the customer in these circumstances. It surely cannot just be "down to bad luck", particularly when no foreign matter which may have caused the punctures in the first place have been discovered in the tyres/tubes on more than one occasion, then it was thorns from a roadside bush which had recently been trimmed but not yet cleared away by people doing the work.
Look forward to reading your responses on this one folks. Thanks in advance for your help and assistance with this.
Almost immediately problems started with punctures/faulty tyres such that already 3 out of 4 have required attention. Trader has re-attended on two separate occasions although not based locally in an attempt to "sort the issue out). He provided 2 new inner tubes - they are pneumatic tyres not solid infilled standard rubber ones and has offered a further 2 inner tubes only free of charge but that's it.
The main and probably only leverage we have with the trader, as a consumer, is that he has handwritten on the delivery note that in addition to providing the scooter he was providing additional accessories that normally have to be paid for and "puncture proof tyres" the latter of which turn out to be solid infilled tyres and not pneumatic ones.
We have therefore written to trader advising him that his offer of 4 tyre tubes for pneumatic tyres by way of a resolution are refused and that, instead we want him to source and pay for a full set of 4 solid infilled tyres instead (and have these professionally fitted, again at his own expense). Trader is seeking to rely on terms of warranty from manufacturer that states tyres, bulbs, battery etc. are all excluded on the basis that these are normal wear and tear items and he has already gone "over and above the call of duty to assist the customer" at his own expense and in his own time.
We have given him 14 days within which to respond to this request, failing which the matter will be reported to Trading Standards on the basis that the original tyres are not "as described" at point of sale nor "fit for purpose", more specifically to be used out of doors in a standard urban builti-up environment, on pavements only (this is a luxury 4mph Class 2 mobility scooter we are speaking about here - Pride Celebrity X is the make and model although Pride inform me that it has been discontinued which might explain why I can still find adverts for it online both here in the UK and overseas at substantially less money than the £2k my father has, technically speaking, agreed to pay for it.
Would appreciate some opinions from Consumers here as to whether they find in favour of the trader or the customer in these circumstances. It surely cannot just be "down to bad luck", particularly when no foreign matter which may have caused the punctures in the first place have been discovered in the tyres/tubes on more than one occasion, then it was thorns from a roadside bush which had recently been trimmed but not yet cleared away by people doing the work.
Look forward to reading your responses on this one folks. Thanks in advance for your help and assistance with this.
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Comments
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Are the tyres the only problem with the scooter?0
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Are the tyres the only problem with the scooter?
Yes, so far, I'm afraid so - though my online research is also pointing heavily in the direction that the money to be paid for this scooter from this trader is far in excess of what others are offering the identical make/model/spec. for - although I appreciate that is somewhat harder to contest after the sale made and parties bound by contract to sell and buy respectively.0 -
Tyres are a consumable, as they can/do get punctures very easily if you're not careful where you are going (and solid tyres on mobility scooters tend to make for a very uncomfortable ride).
That you've had several punctures doesn't mean that the tyres aren't up to scratch or that there is an inherent problem (other than that suffered by any pneumatic tyres), just that you've probably been unlucky.
My mother has had mobility scooters for 15 years or so (her earliest one even used the same tyres as Mini's!), and whilst she can go months without a puncture, odds are when she does get one, she'll end up getting 2-3 in a short space of time due to things like glass on the road that she hasn't spotted/managed to avoid (one goes straight away, and another tyre gets damaged so gets a puncture more easily).
It's interesting to note that normally when she gets multiple punctures, I'll end up fixing my Nephews bikes tyres at around the same time
We've found this to be the case with scooters ranging from 3 wheeled units (one of which used mountain bike wheels*), to 3 or 4 different units with smaller/wider tyres (she currently has a Shoprider Sovereign** 4mph unit, and a much more expensive 8mph one).
About the only option that is available to possibly reduce the chances of a puncture are:
Solid tyres - you can possibly get them to fit the scooter in question, but they are very uncomfortable for the user compared to pneumatic tyres (which absorb a lot of bumps), I'm not sure they are even available for a lot of sizes (I can't remember seeing them to fit my mum's current scooters, which both use common wheel sizes for mobility scooters).
Tyres with a "sealant" injected in them to help self seal punctures as they happen, but that doesn't help a great deal in our experience.
The solid tyres are not a standard fit on most larger/faster mobility scooters that I've seen*** (we've got an 8mph model here for example with pneumatic tyres), as they are not comfortable, and not IMO as safe (pneumatic tyres have a proper tread patten, and get more punctures when it wears out so tend to get replaced naturally, solid tyres tend not to have a proper tread, or don't get replaced when it's worn), they also don't spread the grip as much as pneumatic tyres do (solid tyres don't deform as much, so the area of contact with the road is less).
I've tended to only ever see them on the most basic models, which are intended to be very low maintenance, and not for general/long distance/rougher ground usage.
Ultimately the way we deal with punctures on the scooter, is to keep a pair of spare tyres + spare tubes, and a suitable socket handy in the shed, and when she gets a puncture we'll either repair it at home, or if she's a long way from home when it goes, i'll pop out with the spares and the little compressor for the car.
It's one of those things that annoys me, but it's unavoidable unless you are willing to put up with a very uncomfortable ride (and the probable loss of traction) that comes with solid tyres.
Having said all that, I wouldn't have been please with the way the scooter was sold, and would have refused delivery of the scooter/tried to get the contract overturned within the first week or so.
*that was actually probably the easiest to deal with, as we could pick up tyres/tubes from any bike shop, and it was possible to fix anywhere
**She's actually on her third.
***Over the years we've looked at/tried dozens of models (and I can only remember solid tyres as standard on small/very cheap units, that would best be described as boneshakers).0 -
Whilst I agree that pneumatic tyres can attract punctures all too easily - does anyone agree with me that for a mobility scooter to have been sold to a customer on the basis that it was supposedly fitted with 4 x "puncture proof" tyres which turned out not, in fact, to be the case, be adequate grounds for rejecting the scooter as either (a) not as described or (b) not fit for purpose, i.e. not suitable to be used out of doors - per the provisions of SOGA?0
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No I don't think you have grounds for rejecting it but that's only my opinion and not based on any specific knowledge of scooters or whatever.
It sounds like you are upset about having paid over the odds for it and are looking for a way out. I'm not doubting that the tyres are an issue but as Nilrem has described punctures do happen and fairly frequently.
Sorry if I've misjudged you but I tend to read between the lines - sometimes I'm right and sometimes I'm wrong.0 -
Wasn't Compass Mobility was it?0
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No I don't think you have grounds for rejecting it but that's only my opinion and not based on any specific knowledge of scooters or whatever.
............... not even if we can prove it was sold as having "puncture proof" tyres (which it was but didn't have). IMHO this scooter was neither "as described" nor, as it turns out, "fit for purpose" as defined in SOGA and therefore can be rejected if trader not prepared to provide a better remedy than 2 (or) free inner tubes for the pneumatic tyres by way of redress.
It sounds like you are upset about having paid over the odds for it and are looking for a way out. I'm not doubting that the tyres are an issue but as Nilrem has described punctures do happen and fairly frequently.
....... No, not at all, although that doesn't help.
Also I have already said that I appreciate standard pneumatic tyres are fairly easily punctured but these ones were sold as being (supposedly) puncture-proof and have proved not to be so - that is the real issue here and possibly the only one we can rely on to back up our claim for either (a) alternative tyres (which are puncture-proof) or (b) a refund as requested.
Sorry if I've misjudged you but I tend to read between the lines - sometimes I'm right and sometimes I'm wrong.
That's ok.- no offense taken (much!)0 -
all you can do is to insist that the guy fits or pays for solid tyres to be fitted,if the wheels and tyres will fit my fathers I will swap the solid one's he has for the pneumaticsI
MOJACAR
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No it wasn't - why do you ask?
Yorkshire Trading Standards had to take them to court recently for over 150 offences of mis-selling disability equipment/pressure selling to elderly
people.
Can't really say anymore.
HTH
Takoda
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Social Worker 0 Teacher 1
OWNED0
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