Can I reject as not fit for purpose?

Mollybobs_2

Hope you clever people can help, as I'm not sure whether to believe the company concerned, or not.
I bought a battery powered wheelchair for £2700. 
On the second use, it literally fell apart, a wheel sheered off.
It was replaced.
Third time out the joystick broke. It was repaired.
Second time out, the joystick broke again. I was 300 miles from home, on holiday and couldn't actually do anything, so on return, took it back to shop and asked for money back.
They have refused,  saying I can have it repaired, or have a credit note.
I have no faith in this model of chair now, and the shop has nothing suitable as a replacement ( it was a folding chair for car boot).
They said because it was outside of 28 days I was not entitled to money back?
Is this correct? If so, I have effectively lost a lot of money.

paulttt

When did you buy it? 

Mollybobs_2

Bought last August. 
Was replaced in September, then in for repair from Nov 15th, until just after Christmas.
Broke again beginning of Feb.
Of note; as the shop knows, I only need to use it on rare occasions (heart issues mean I can't walk far), so this was just for holidays and days out.

Mollybobs_2

Oh  and thank you for replying!

Okell

On exactly what date did you take delivery of it?  (It might be important...)

Basically the trader has only one attempt either to repair or replace faulty goods.  If the goods fail again you are entitled to exercise your final right to reject them for a refund.

How much refund you are entitled to depends on whether you notified the trader that you were rejecting for a refund within 6 months of delivery.  Hence the first question

PHK

This is trickier than it might seem. 

If you have reported these faults under Consumer Rights legislation then you had the right to reject the item last year. Because it sounds like the shop accepted the item was inherently faulty.  (And can still do so now but the shop would be entitled to reduce the refund to account for the use you've had)

However, because this type of purchase is likely to be accidentally damaged. Many retailers selling them with an "anything goes" guarantee for 1 to 3 years. This covers you for anything that happens (in that period even if your fault) and you are entitled to a repair not a refund. I think this might be the case because they have continued to offer a repair even outside the period they would be obliged to without proof from you that a fault occurred. 

The way out of this is to get the chair inspected. If the report shows that the chair is inherently faulty with the reason why. Note this is different from saying the chair has damage or a fault. Then present the report to the retailer saying you are exercising your right to reject the goods and wish a refund.  

Okell

PHK said:

This is trickier than it might seem...

Not necessarily?

We don't know when the OP took delivery of the item so they may still be within 6 months.  

If within 6 months it's up to the trader to show it isn't an inherent or latent fault, plus the OP gets a full refund.  

Don't they?

Hence we need to know when the OP took delivery of the chair.

(I'm sure the OP would have said if it had sustained accident damage.)

Mollybobs_2

Hanks for your help!

Took delivery last August, beginning of August. So, I'm outside of the 6 months😔

But that is because I gave them the opportunity to repair/replace  - does that not count for anything?

The chair(s) has been well cared for, in pristine condition, apart from this recurring fault. I did ask if no one else had reported problems with the same model, and they said they had had one other. But, tbh, I doubt they sell that many.

I just feel so peeved that they sold me a pup, kept repairing ( slowly) until my right to reject had passed.
There is genuinely nothing I can use this credit note for and I have no faith in yet another chair.

Anyway, thank you for trying to help, ots much appreciated.

Grumpy_chap

Was the chair purchased brand new?
Was it a purchase made in store?

Are there any online forums indicating common faults (and possible resolutions) with this particular make and model?

powerful_Rogue

Could be wrong, but sure the clock stops when it's in for repair. @the_lunatic_is_in_my_head

Okell

Mollybobs_2 said:

Hanks for your help!

Took delivery last August, beginning of August. So, I'm outside of the 6 months😔

But that is because I gave them the opportunity to repair/replace  - does that not count for anything?

The chair(s) has been well cared for, in pristine condition, apart from this recurring fault. I did ask if no one else had reported problems with the same model, and they said they had had one other. But, tbh, I doubt they sell that many.

I just feel so peeved that they sold me a pup, kept repairing ( slowly) until my right to reject had passed.
There is genuinely nothing I can use this credit note for and I have no faith in yet another chair.

Anyway, thank you for trying to help, ots much appreciated.

OK.  You have not necessarily lost the final right to reject, and in any case you might still be within the 6 months - it depends on the exact dates.

1.  When did you actually take delivery of it?  The actual date is important.

2.  When did the wheel fall off?  Actual date not so important

3.  When did the joystick break for the first time?  Actual date not so important

4.  When did the joystick break for the second time?  (ie which would have been the third failure in total)  Actual date not to important

5.  After that third failure - and this is an important date - what date did you take it back for a refund and they refused you?  Was it within 6 months of you first taking delivery of the chair?

powerful_Rogue said:

Could be wrong, but sure the clock stops when it's in for repair. @the_lunatic_is_in_my_head

No.  The "waiting period" when the clock stops only applies to the 30 day short term right to reject.