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Can I reject as not fit for purpose?

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Comments

  • PHK
    PHK Posts: 2,584 Forumite
    Ninth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 19 February 2024 at 8:48AM
    You're missing the point. The firm may believe that the damage was accidental but repaired because of the "anything goes" guarantee. (Basically the retailer buys insurance)

    The OP won't have proof the damage was not accidental or unintentional. 

    So those earlier repairs can't necessarily be relied on where consumer rights are concerned. 

    I stand by my point that the OP needs to get an independent report. 

    As often the case, the opening post would benefit from more detail. 
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,913 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 19 February 2024 at 8:53AM
    Could be wrong, but sure the clock stops when it's in for repair. @the_lunatic_is_in_my_head
    Sadly as above that's only for short term :) 

    I would say OP exercised their final right to reject when they asked for a refund in store but given it's verbal it's nothing concrete.

    OP do you have a way to contact them by email, text or messenger? 

    If so I would send a very brief message to say:

    As discussed in store on the x of Feb the wheelchair has failed again for the third time and as there have been previous repair attempts I'm entitled to a refund via the original payment method. 

    As it stands you have the final right to reject the goods for a refund minus the (just over) 6 months use, burden of proof is upon yourself but they haven't asked for that yet so I would see if the above message results in them misleading you about your rights before sending a more formal message. 

    If you can send the above and let us know what they say then we can draft another message/letter for you if required :) 
    In the game of chess you can never let your adversary see your pieces
  • Thank you everyone for your help. I have dug out paperwork, and my memory is obviously as crap as my heart! I would say I have no chance now......
    Purchased on 24th July
    Returned 11th September
    Replaced with new machine 19th September 
    Returned13th November
    Repaired and delivered back 23rd December
    Returned 9th February.

    My problem is that I did not need to use the chair regularly, so there was always a gap between things going wrong unfortunately.

    They are ringing me this week sometime, so no idea what to do now. It's such a lot of money to lose. 

    Thanks to everyone for trying to help, it has been much appreciated
  • Alderbank
    Alderbank Posts: 4,326 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    ...so no idea what to do now. It's such a lot of money to lose. 

    With respect, you now know exactly what to do.

    Follow the advice given by @the_lunatic_is_in_my_head in the post right above your last one. If you need it, take up his generous offer to draft the letter for you.

    If you browse this site, you will see examples of posters who have done exactly that and have come back to report  success.

    The powered chair company have tried more than once to fix the chair but without success. You have a strong claim and I believe they will agree a refund without court action once they see you are both determined and well advised.

    It is indeed a lot of money. Don't give it up without a fight! 
  • Okell
    Okell Posts: 3,545 Forumite
    1,000 Posts Second Anniversary Name Dropper
    @Mollybobs_2

    Yes - as suggested by @Alderbank do what the lunatic is in my head told you to do.

    Try to keep communication in writing/text/email.  If you end up having to have a 'phone conversation with them send them a text/email afterwards confirming what was said.

    For reference you are exercising your right to reject the chair after multiple failed repair attempts under s24 of the Consumer Rights Act 2015 (legislation.gov.uk) and you are entitled to have your refund paid by the same method with which you originally paid.  (So they can't fob you off with a credit note or credit voucher unless you paid by one)

    As the lunatic said, come back here with their response - whatever it is - and we'll advise on next steps.

    ========================================================

    A few points for you to be aware of so you can better understand the situation:

    1.  You're exercising your rights under the legislation I linked to above.  You are not claiming under any warranty or guarantee

    2.  Any comments by them to the effect that you can't return goods after 28 days simply demonstrates - at best - that they are unaware of your legal rights as a consumer.  

    3.  The fact that you asked for a refund after more than 6 months means that they will be entitled to reduce your refund by an amount to reflect the use you have had of it.  (If you'd done it within 6 months you'd get a full refund)

    4.  Because you are outside 6 months they are entitled to ask you to prove that it had some inherent fault when you bought it, and that you haven't broken it by misuse or in an accident.  They may or may not ask for that  (Again if you'd done it within 6 months it would have been for them to prove it had been ok when they sold it)

    As above, come back with whatever response you get
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