Customer dies after buying reconditioned mobilty scooter. rights ?

DoaM

Several posts saying the scooter belongs to the estate ... not necessarily - see below:

paddyandstumpy wrote: »

Any consumer rights would lie solely with the purchaser, was that you or your grandad?

davidmcn

DoaM wrote: »

Several posts saying the scooter belongs to the estate ... not necessarily - see below:

The fact that only the purchaser has consumer rights doesn't mean the item is still their property - I would assume that if any generous family member bought the scooter then they had gifted it to granddad rather than merely lent or hired it to him.

askmeaboutsofas

The Mobilty place takes no refunds but considering the situation surely the company should have some compassion?

I'm sorry for your loss. There is absolutely no harm in asking the company if they will buy the scooter back, but they are not legally obliged to do so. Don't tell them they "should have some compassion", just ask them nicely if they would buy it back.

It's likely they will refuse, as they sell mobility equipment I don't doubt they've had similar enquiries before and that may well be why they state no returns. If they say no, I would recommend that you leave it until a later date to deal with, and then perhaps sell it on yourself. Arguing with a company about their compassion or lack thereof is only going to be an upsetting experience, and not worth it as you can't force them to take a return.

DoaM

davidmcn wrote: »

The fact that only the purchaser has consumer rights doesn't mean the item is still their property - I would assume that if any generous family member bought the scooter then they had gifted it to granddad rather than merely lent or hired it to him.

How does the executor of the estate prove that the scooter belongs to the estate? Possession is not ownership. If the purchaser still has the receipt then they have greater evidence of ownership.

Mr.Generous

We ebay'd my dads scooter and it was nice to see the new purchaser delighted with it.

davidmcn

DoaM wrote: »

How does the executor of the estate prove that the scooter belongs to the estate? Possession is not ownership. If the purchaser still has the receipt then they have greater evidence of ownership.

In the same way that you'd prove ownership of anything else which had been gifted to the deceased. I expect if anybody wanted to argue about it then they (and perhaps others) could attest to what the intention had been. It would seem a bit odd for the purchaser to retain ownership (unless perhaps they also had cause to use a scooter and were sharing use of it).

Anyway, there aren't any consumer rights to a refund (assuming this wasn't a distance purchase) so not really relevant here.

motorguy

Mr.Generous wrote: »

We ebay'd my dads scooter and it was nice to see the new purchaser delighted with it.

Thats where i would be on this.

I'd rather see it sold on and being put to good use by someone whos glad of it, rather than expect / demand a refund from the original seller.

That would mean more to me.

Subject to the wishes of the executor if its within the grandads estate.