Globber scooter 3 month warranty

paul2louise

Just curious as i have been trying to find other reviews for these scooters and the one left by my mum on amazon has disappeared. Are the company allowed to get the review removed. Are we not allowed to make a bad review. Surely if you think the product is poor quality that you have the right to say so.

paul2louise

I contacted citizens advice. They told me to submitt an ODR which i did 3 weeks ago. I believe the manufacturer has 10 days to respond. They havent so i need to write again to tem and tell them that they legally have to inform me of their ADR situation as it is a criminal offence to withhold that information.

Why is it so long winded.

unholyangel

paul2louise wrote: »

I contacted citizens advice. They told me to submitt an ODR which i did 3 weeks ago. I believe the manufacturer has 10 days to respond. They havent so i need to write again to tem and tell them that they legally have to inform me of their ADR situation as it is a criminal offence to withhold that information.

Why is it so long winded.

Did citizens advice tell you to send it to the manufacturer?

ADR as far as I'm aware is with the seller/company who sold it to you.

Unless the trader/manufacturer are the same?

What happened with the company offering to look at it if you sent it to them?

paul2louise

unholyangel wrote: »

Did citizens advice tell you to send it to the manufacturer?

ADR as far as I'm aware is with the seller/company who sold it to you.

Unless the trader/manufacturer are the same?

What happened with the company offering to look at it if you sent it to them?

Citizens advice said I needed to write not email greenover sports and repeat what I sent in my email about needing to know what ADR they are using or will use. That they are legally obliged to answer that question. I need to create a paper trail. If they don't respond then the next step is mediation.

unholyangel

paul2louise wrote: »

Citizens advice said I needed to write not email greenover sports and repeat what I sent in my email about needing to know what ADR they are using or will use. That they are legally obliged to answer that question. I need to create a paper trail. If they don't respond then the next step is mediation.

So why did you then send it to the manufacturer? Or was that a typo on your part and you meant trader?

They only need to provide the information you're referring to if their internal complaints procedure has been exhausted. ADR is mediation - you're already trying mediation now, not entirely sure what else you think there is available.

And again, what happened with the offer they made to look at it if you sent it to them?

paul2louise

unholyangel wrote: »

So why did you then send it to the manufacturer? Or was that a typo on your part and you meant trader?

They only need to provide the information you're referring to if their internal complaints procedure has been exhausted. ADR is mediation - you're already trying mediation now, not entirely sure what else you think there is available.

And again, what happened with the offer they made to look at it if you sent it to them?

Greenover sports/globber are the same address. They are the trader and manufacturer, same postcode. I havent sent the scooter to them as i needed them to agree first that it was them to prove fault. i couldnt get them to agree that it was up to them to prove fault even tho the consumer rights say it is up to them. They claimed it was up to me to prove it and as i cant i havent sent them the scooter. So i replied via email explaining this and that i was going to pursue an Odr if they didnt respond. They are ignoring me. Only had one snotty email from them threatening me with court action if i mention them online and claiming its up to me to prove fault. So that is why i contacted CA as i had hit a brick wall and i was a bit nervous about telephoning them. CA suggested that i replied to the email with the comments about the ODR and that Consume rights again. I havent heard anything so i rang CA agian and they suggested that i repeat the email in letter format and state that they have to give me the adr details.

Sorry if this goes on a bit. Hope it makes sense. If you have any better suggestions then i am happy to hear them


I am getting really tired with this. Mum wants me to give it up and just buy my son another scooter from someone else but it just feels unfair.
Really makes be reluctant to buy online, i used to think buying with amazon was a good way and safe, but made me think twice.

At the end of the day my son has been without his scooter for 3 months now. Think i might just buy him another but i am nervous of getting one that wont break

unholyangel

Thanks for clarifying!

Personally I'd have went the LBA route and included in that letter that I'd be open to mediation if they can give the details of their provider.

This article details pre-action protocol (ie about writing a notice including concise details of claim, a summary of facts and what resolution you're looking for):
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#6.1



Basically goods failed to conform to contract on x date, you reported this to them via phone/email on x date. You believe the goods do not conform to contract as they are not of satisfactory quality under section 9 of the Consumer Rights Act 2015. As per section 19, any lack of conformity that appears within the first 6 months is assumed to be inherent in nature.

(Now you can either state you would like a repair/replacement or - in my personal opinion - since they've taken so bloody long, I'd continue with the following)

Due to your failure to provide a repair or replacement within a reasonable time, you are now exercising your final right to reject under section 24 and are seeking a full refund.

You have previously requested details of their alternative dispute provider by email on x date but they have neglected to respond to your (repeated?) attempts to solve this amicably without issuing legal proceedings.

Give them 14 days to respond and advise that if they do not respond within that time, you will be filing against them in county court at which time you will also be seeking reimbursement for any reasonable costs incurred due to their breach of contract.




Send 2 copies by post and get certificates of posting (free but you need to go in and ask for them). And make sure you get the name right - I know you've cleared up that trader/manufacturer are the same but they're likely 2 different companies - which makes them 2 different legal entities. Greenover Sports Ltd or whatever it is one companies house website.

Now if they don't respond to that, file against them - or let it go, your choice. £25 filing fee and a £30 hearing fee if it gets that far and they actually defend it. But keep in mind that just because you get a judgement, doesn't guarantee you money. It will give a ccj against them and if they have assets (given what they trade in, they should) those can be seized but nothing is ever guaranteed, sometimes judges do make mistakes/surprise rulings (which is why what we're telling you should never be taken as proper legal advice - even the professionals get it wrong and we're all just a bunch of randoms really, we could be anyone!).

Good luck and as ever, keep us updated!

paul2louise

unholyangel wrote: »

Thanks for clarifying!

Personally I'd have went the LBA route and included in that letter that I'd be open to mediation if they can give the details of their provider.

This article details pre-action protocol (ie about writing a notice including concise details of claim, a summary of facts and what resolution you're looking for):
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#6.1



Basically goods failed to conform to contract on x date, you reported this to them via phone/email on x date. You believe the goods do not conform to contract as they are not of satisfactory quality under section 9 of the Consumer Rights Act 2015. As per section 19, any lack of conformity that appears within the first 6 months is assumed to be inherent in nature.

(Now you can either state you would like a repair/replacement or - in my personal opinion - since they've taken so bloody long, I'd continue with the following)

Due to your failure to provide a repair or replacement within a reasonable time, you are now exercising your final right to reject under section 24 and are seeking a full refund.

You have previously requested details of their alternative dispute provider by email on x date but they have neglected to respond to your (repeated?) attempts to solve this amicably without issuing legal proceedings.

Give them 14 days to respond and advise that if they do not respond within that time, you will be filing against them in county court at which time you will also be seeking reimbursement for any reasonable costs incurred due to their breach of contract.




Send 2 copies by post and get certificates of posting (free but you need to go in and ask for them). And make sure you get the name right - I know you've cleared up that trader/manufacturer are the same but they're likely 2 different companies - which makes them 2 different legal entities. Greenover Sports Ltd or whatever it is one companies house website.

Now if they don't respond to that, file against them - or let it go, your choice. £25 filing fee and a £30 hearing fee if it gets that far and they actually defend it. But keep in mind that just because you get a judgement, doesn't guarantee you money. It will give a ccj against them and if they have assets (given what they trade in, they should) those can be seized but nothing is ever guaranteed, sometimes judges do make mistakes/surprise rulings (which is why what we're telling you should never be taken as proper legal advice - even the professionals get it wrong and we're all just a bunch of randoms really, we could be anyone!).

Good luck and as ever, keep us updated!

Thank u. I just needed to feel some positive energy again. Gives me some hope

paul2louise

unholyangel wrote: »

Send 2 copies by post and get certificates of posting (free but you need to go in and ask for them). And make sure you get the name right - I know you've cleared up that trader/manufacturer are the same but they're likely 2 different companies - which makes them 2 different legal entities. Greenover Sports Ltd or whatever it is one companies house website

I have put the letter finally together, printer playing up, but sorted out now. Why 2 copies, do i send both to greenover sports as that is who sold the scooter or one to both greenover and another to globber.

Thank you

unholyangel

paul2louise wrote: »

I have put the letter finally together, printer playing up, but sorted out now. Why 2 copies, do i send both to greenover sports as that is who sold the scooter or one to both greenover and another to globber.

Thank you

Theres differing opinions on the best way to send LBAs.

Some people will say send one by normal post, some will say 1 by registered post, some will say 2 by normal post.

1 by registered post is often enough in most circumstances as a signature will - on balance of probabilities - prove they received it (the civil procedure rules dictate particulars of claim - ie LBA - must be sent so this helps prove you've complied with pre-action protocol). Some people say to send 2 by normal post - even from different post offices as - on the balance of probabilities - whats the chances of both not being delivered?

I usually recommend registered post just out of habit and someone usually tacks on they'd send 2 by normal post so I decided to skip that step this time.

Both would be to the company who sold you it - as before, its them who you have statutory and contractual rights with.