Globber scooter 3 month warranty

paul2louise

If i contact Greenover action sports and Globber directly with the letter template i used earlier quoting "The Consumer Rights Act 2015 makes it an implied term of the contract I have with Greenover Sports that goods be as described, fit for purpose and of satisfactory quality." Also wondered if I should mention the health and safety of a young child being at risk with a product that has a broken brake and 3 month waranty being such a short time. I could mention posting bad publicity on the web via consumer websites.
Do you think i should mention these aspects

wealdroam

paul2louise wrote: »

sorry I am not sure what a LBA is, thanks

LBA = letter before action - as mentioned by unholyangel in post #11.

paul2louise wrote: »

If i contact Greenover action sports and Globber directly with the letter template i used earlier quoting "The Consumer Rights Act 2015 makes it an implied term of the contract I have with Greenover Sports that goods be as described, fit for purpose and of satisfactory quality." Also wondered if I should mention the health and safety of a young child being at risk with a product that has a broken brake and 3 month waranty being such a short time. I could mention posting bad publicity on the web via consumer websites.
Do you think i should mention these aspects

I too think you should send a letter before action.

paul2louise

wealdroam wrote: »

LBA = letter before action - as mentioned by unholyangel in post #11.



I too think you should send a letter before action.

thanks i will take note

unholyangel

paul2louise wrote: »

If i contact Greenover action sports and Globber directly with the letter template i used earlier quoting "The Consumer Rights Act 2015 makes it an implied term of the contract I have with Greenover Sports that goods be as described, fit for purpose and of satisfactory quality." Also wondered if I should mention the health and safety of a young child being at risk with a product that has a broken brake and 3 month waranty being such a short time. I could mention posting bad publicity on the web via consumer websites.
Do you think i should mention these aspects

Unless you son actually suffered an injury, no. Its not something that adds any strength to your claim and if anything, might detract from it. Keep it short, simple and to the point.

paul2louise

Its 14 days tomorrow since i sent the letter. I havent heard anything from either globber or greenover action sports. My husband managed to secure the handle so we have been using the scooter to a limited extent, but yesterday the spring broke and wheel fell off. It is totally unusable now. So broken brake, handle adjuster, spring and wheel attachment.
I am really fed up. Wasted money, hassle and inconvenience. School runs are going to be a nightmare.

paul2louise

First proper reply. I had no reply from the letters mum sent, but posted on facebook that noone was interested and i got a contact name from that.

This is the reply

Dear
I have been overseeing this case for the past 6 weeks and have advised on all previous correspondence from Greenover Sports. In the past week I have personally been in contact with the Senior Trading Standards officer and am happy to relay her messages to you.

With regards to your claim of being miss sold a product via Amazon due to the warranty not being stated on any of our associated website; “Warranties are always additional to a consumer’s statutory rights. Unless the description of the product on Amazon referred in some specific way to the provisions of a warranty in order to make the product more attractive then the consumer can not claim to be having been misled or miss sold by not having access to it prior to purchase”.

As the product has ‘faulted' within the first 6 months of purchase, you are entitled to have your product examined by the trader (Greenover Sports) and if deemed faulty by manufacturers means then you are entitled to a repair of that product in question and if the product is not deemed as repairable then you are entitled to a replacement. If, following examination the product is not deemed to have a manufacturers fault and is deemed to have faulted due to misuse and user error then this will void any claim. In any case the consumer must cover the costs of returning the item for examination.

With regards to your referral to the Consumer Rights Act 2015, this act actually places the burden of proof on the consumer to prove that the fault was there at the time that the consumer received the goods initially. This also applies to any concerns over the quality or standard of the product. It is therefore your responsibility to provide evidence of the product not being of satisfactory quality at the time of purchase which we await the evidence for.

As a reputable supplier of quality products, your posts and blogs on various online terminals regarding negative press on both Greenover Sports and Globber are not appreciated. I’ve been advised that if there is continual unjustifiable discredit to either company then Greenover Sports are entitled and willing to take legal action for loss of earnings. I am fully aware that this is not the first complaint that you have made to a company via this approach.

If you wish to discuss this matter further, we will be unable to comment further until we have received the product in question back to us for examination.

neilmcl

paul2louise wrote: »

With regards to your referral to the Consumer Rights Act 2015, this act actually places the burden of proof on the consumer to prove that the fault was there at the time that the consumer received the goods initially. This also applies to any concerns over the quality or standard of the product. It is therefore your responsibility to provide evidence of the product not being of satisfactory quality at the time of purchase which we await the evidence for.

Well this bit is totally incorrect. Within the first 6 months the assumption is that the goods did not conform to contract at the point of sale and the onus is on the seller NOT the buyer to prove otherwise. Also, if the item cannot be repaired then you will be entitled to a full refund, including any related costs, within these first six months.

I do hope that this company is reading this thread because they seem to have no idea as to their legal obligations and as far as being discredited maybe they should take more care with dealing with their customers in a more prompt manner.

paul2louise

neilmcl wrote: »

Well this bit is totally incorrect. Within the first 6 months the assumption is that the goods did not conform to contract at the point of sale and the onus is on the seller NOT the buyer to prove otherwise. Also, if the item cannot be repaired then you will be entitled to a full refund, including any related costs, within these first six months.

I also didnt like the comment about them taking legal action due to my discrediting them.

Not sure what to do next. I dont want to just return the item until i know what is involved. I have a phone number, not sure if i should try phoning them.

Surely 1 comment on facebook saying "Do you have any intention of replying to my letter that i sent to you nearly 2 weeks ago. Very unhappy with your after sales service" is not justified for loss of earnings, and am i not allowed to discuss them on places like this while looking for advice.

wealdroam

paul2louise wrote: »

I also didnt like the comment about them taking legal action due to my discrediting them.

Surely 1 comment on facebook saying "Do you have any intention of replying to my letter that i sent to you nearly 2 weeks ago. Very unhappy with your after sales service" is not justified for loss of earnings, and am i not allowed to discuss them on places like this while looking for advice.

As long as you make sure that everything, absolutely everything, you write and say is true, then you have nothing to fear.

neilmcl

Ring them and tell them that you're happy to send it back but you'll be expecting them to reimburse the costs.