Pushchair troubles

ocean90

I recently had a problem with my tandem oyster max. The handle became very unsteady and upon crossing a road as I dropped down the curb it tipped sideways with my 8 month old twins inside. This was a pram fault and not mine. I returned it to John Lewis who sent it for repair neglecting to tell the manufacturer that it tipped over. The pushchair has been returned with repair meeting manufacturers safety standards. I'm now left with a pushchair that I do not trust and although 'fixed' it is completely scratched one side, from falling, across the mirror chassis. It is 9 moths old and still in warranty. I requested a replacement upon returning the pram to John Lewis. I am very annoyed that my babies safety has been compromised and feel fobbed of with a repair. Luckily my babies were unharmed and just very shaken.but that could have been a different story and I no longer want to use that pram. I'm not asking for a full pushchair replacement just the bottom half of the pram (not seat units ect). Am I within my rights here not to let this drop without the replacement that I want. Many thanks for reading. :mad:

wealdroam

ocean90 wrote: »

I recently had a problem with my tandem oyster max. The handle became very unsteady and upon crossing a road as I dropped down the curb it tipped sideways with my 8 month old twins inside. This was a pram fault and not mine. I returned it to John Lewis who sent it for repair neglecting to tell the manufacturer that it tipped over. The pushchair has been returned with repair meeting manufacturers safety standards. I'm now left with a pushchair that I do not trust and although 'fixed' it is completely scratched one side, from falling, across the mirror chassis. It is 9 moths old and still in warranty. I requested a replacement upon returning the pram to John Lewis. I am very annoyed that my babies safety has been compromised and feel fobbed of with a repair. Luckily my babies were unharmed and just very shaken.but that could have been a different story and I no longer want to use that pram. I'm not asking for a full pushchair replacement just the bottom half of the pram (not seat units ect). Am I within my rights here not to let this drop without the replacement that I want. Many thanks for reading. :mad:

Your right is to a remedy. JL appear to have supplied that.
You have no right to expect a more expensive remedy, especially after they have already repaired it.

If you no longer wish to use the thing, sell it... perhaps on ebay or gumtree.

fleshandbone

If it has been repaired to meet safety requirements, then there is not much more you can do, as said above sell it and put the money towards a model to your preference.

ocean90

This pram cost me nearly £800 9months ago, I would lose so much money on it considering the now state of the chassis. Why should I lose out on money selling then adding money to replace through a fault that is not mine. Just doesn't seem fair. But my babies safety is my priority. Annoying. Oh well. Thanks for replies.

naedanger

ocean90 wrote: »

... and although 'fixed' it is completely scratched one side, from falling, across the mirror chassis.

If the damage you describe arose from the failure due to an inherent flaw go back to JL and explain this to them. Then say you expect them to repair this damage and see how they respond.

Also how did you pay for the item and what was its cost? (If it was more than £100 and you paid by credit card you have probably have another means of seeking redress.)

wealdroam

naedanger wrote: »

...what was its cost?

This may help you:

ocean90 wrote: »

This pram cost me nearly £800 9months ago.

ocean90

It cost nearly £800 and paid by debit card.

naedanger

ocean90 wrote: »

It cost nearly £800 and paid by debit card.

OK, the other means of seeking redress is unfortunately not available to you. (I was thinking of a section 75 claim but this needs the item to have been paid, or partially paid, on credit.)

If JL do not offer any further help then you could take legal action. But this involves some risk (there are costs which you would not recover if you lose) and involves work (preparing and bringing a case).

In your circumstances I would take the pram back to JL and explain why you are unhappy - i.e. because the damage that arose from the original fault has not been properly repaired.

GwylimT

The push chair has now been repaired and is safe to use, do these cosmetic scratches in anyway prevent the push chair being used appropriately?

ocean90

No this does not affect the pushchairs usability but looks bloody awful. If I had made all the scratches/scuffs myself then I would live with it but as it was down to a fault due to manufacturing I'm not happy considering age and price. I am more concerned with my twins safety though. I will buy new if I have to. I just don't see how it is fair. the manufacturer wasnt aware of the tipping though as mentioned earlier so im worried there could be other problems that were not checked for. My babies could have been injured. Luckily neither had there arms out. Knowledge is power so just wanted something to approach JL with if there was anything. Iv never made a complaint in my life so have no idea of rights/protocols. But maybe I'm stuck with it. Thanks everyone.

naedanger

ocean90 wrote: »

No this does not affect the pushchairs usability but looks bloody awful. If I had made all the scratches/scuffs myself then I would live with it but as it was down to a fault due to manufacturing I'm not happy considering age and price. I am more concerned with my twins safety though. I will buy new if I have to. I just don't see how it is fair. the manufacturer wasnt aware of the tipping though as mentioned earlier so im worried there could be other problems that were not checked for. My babies could have been injured. Luckily neither had there arms out. Knowledge is power so just wanted something to approach JL with if there was anything. Iv never made a complaint in my life so have no idea of rights/protocols. But maybe I'm stuck with it. Thanks everyone.

I think, at a minimum JL, are legally obliged to pay the difference in value between the item in a condition without the cosmetic damage and with the cosmetic damage. (This may not be easy to determine but that does not mean they are not liable. And often the cosmetic condition can make a significant different to the price of goods.)

Generally JL are reasonable. If you explain your position (again) to the store's customer service then they may offer more help. If not you could escalate to their head office.