Faulty Scooter - Advice needed!

furrypolka

Yes, the retailer is entitled to offer a repair or replacement in the first instance before the consumer can ask to rescind.

However in this case - as explained in my previous post - as it looked extremely unlikely that the bike could be economically repaired or replaced with a like-for-like vehicle, it would be fair to assume that rescission would be the sensible option for all parties.

keefymagic

Hi guys,

Thanks for all the info - this has turned into quite a technical thread! An update on what I've done:

I sent a letter to both the company, and Egg, who I held equally liable. I gave the company a week to come and collect the bike. Haven't heard a peep from them.

Egg on the other hand, have been really helpful. They have explained what proof I need to provide, and have requested copies to be sent.

I understand the point about rescinding the contract, and I think I can argue that as there couldn't possibly have been any wear and tear, I should be entitled to a full refund. If the company still do not get back to me, then I think Egg will take things forward.

One worry - if the company DON'T get in touch, Egg have said that for me to get a refund, the bike has to be delivered back to them, and I need to prove that it was delivered back to them. BUT! What if they refuse the delivery? What if I can't get something signed by them which states that the bike has been returned?

Thanks again for all the advice - I'll keep you updated!

keefymagic

Hi!

As someone wanted to be kept updated, here is the progress so far!

1. I had no response from the bike shop. What a surprise.
2. Egg have been extremely helpful, and sent a great letter giving the shop 14 days to get in touch, otherwise legal proceedings will begin.

That's all for now!

Keith

If you decide to buy another bike, try Thompsons of St Albans, they normally have some excellent new/used deals.

I'm not connected to them but I've used them for servicing over the years.

I hope you get it sorted with your scooter.

keefymagic

Another update....

I'm going to small claims court. Would rather have avoided it, but it is necessary. I will let you know if I win, but will remain quiet if I don't!

furrypolka

Sorry to hear it's gone this far.

Remember when wording your claim that you are looking to rescind the contract as repair or replacement would be uneconomical or impossible. You are seeking a full reimbursement as you have had no use or benefit from the bike. If you made the trader aware of the problems within six months of purchase, in this scenario the burden would be on them to prove that the bike was of satisfactory quality at purchase.

This is different to outright "rejection" of the bike, if you used this term you would be more at risk from the judge saying that you have legally accepted the goods and you cannot reject. In addition, the burden would be on you to prove that the bike was not of satisfactory quality at purchase.

The outcome would be the same, but the way the judge looks at it would be different.