Problem regarding broken mobility chair

Abbafan1972

My Dad purchased a mobility chair from a certain furniture store which stopped working 3 days after delivery.

My Dad is now seeking a full refund which is just under a grand.

On the advice of someone from the CAB we have sent an email to the store’s customer service rejecting the goods under the sale of goods act 1976 as the chair is not fit for purpose. Originally the CAB did send an email but it bounced back as I suspect my Dad gave her the wrong email address. The CAB have done nothing else other than advise my Dad to send another email (I sent this last night - my Dad has his own email address but is not computer literate). I can’t see that it has bounced back yet.

My Dad has been back and forth to the store a few times and they are useless. On one occasion, my Dad had to drive one of the store assistants to his house to inspect the chair (he was not an engineer, just a store sales assistant) and he confirmed the motor had failed and then drop him back to the store. My Dad was promised a visit from an engineer from the manufacturer, but this has not happened.

Has anyone advise any further on this. We are going to wait and see if there is any reply to this email I sent last night.

I haven’t mentioned the store name in case this affects anything if it goes to court.

Thanks in advance.

Woodstok2000

Has your dad rejected the chair, in writing, and requested a full refund? How did he pay for the chair - credit card?

Abbafan1972

he paid by debit card I believe. Is an email classed as “in writing” or is it a paper letter?

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/6688269/problem-regarding-broken-mobility-chair

SoGA was replaced for consumer purchases by the Consumer Rights Act 2015, never a good start to quote out of date legislation.

What has the store said about the inspection being arranged? Are you being impatient about that too?

Woodstok2000

Email is fine, as long as it is documented. The correct legislation now is Consumer Rights Act 2015 Section 22 (not the sale of goods act), which gives you the right to reject faulty goods for a full refund within the first 30 days. Once the retailer agrees, they have 14 days to provide the refund. I would suggest visiting the store and putting this to them, giving them a firm deadline to provide the refund and collect the chair. Get that in writing (email is fine). If they do not provide the refund, start a chargeback with the debit card provider.

Abbafan1972

well it was the CAB that gave that act and I agree that is not a good start.

Not being impatient no - the chair was delivered 23.09.26 and failed 3 days later. How long are we expected to wait?

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/82182970#Comment_82182970

When did you reject the chair and request a refund?

Abbafan1972

https://forums.moneysavingexpert.com/discussion/comment/82182996#Comment_82182996

this was yesterday - I think my Dad was waiting on the lady from the CAB

eskbanker

You have (or rather your father has) a statutory short-term right to reject within the first 30 days, but after that the retailer has the option of attempting a repair or replacement instead of refunding (CAB should have advised of this), so the exact timeframe will be important here, in terms of which wording was used and when…

Okell

If your dad took delivery of the chair on 23 September but only rejected it yesterday (26 October) then he was outside the 30 day short-term right to reject for a full refund and the store now has the right to have one attempt to repair or to replace.

Could anything he told the store within 30 days have been construed as him rejecting the chair? Even if he quoted legislation that was no longer extant the store should have accepted that rejection if he had made it clear he was rejecting the chair for a full refund.

He could also argue that the 30 day clock stopped ticking the moment he notified the seller of the problem, and it remains paused until the seller agrees to refund. If it's a refund he wants, it's important your dad does not agree to the store replacing or repairing as he might lose the short-term right to reject

You say he waited until after 30 days because he was waiting for advice from CAB. Why did it take them so long to get back to him? Had he given them the wrong email contact details or what?

You should complain to CAB anyway that they are advising consumers to proceed on the basis of legislation that is no longer applicable

Abbafan1972

my Dad had to call the woman at the CAB but all she’d done was sit on it and had not attempted to get the correct email to resend it to the store customer services. I don’t know what the email she sent read.

This stressing my Dad out unfortunately.

I would have to find out the name of the person at the CAB and location to complain. I know my Dad will say will say not to pursue it. I have googled it and the CAB for Birmingham is based at Waterloo Street. But I don’t where he went to get the advice.