New scooter catastrophic failure. Help please

cramskill

we have a 4 wheel 29 day old mobility scooter which failed catastrophically due to what appears to be a manufacturer assembly issue. Leading to user being thrown on road when steering disassembled in used. We are now banging our heads against the wall trying to get manufacture to take accountability and refund to allow us to obtain needed replacement not of this brand.
All advice helpful please

Albus_Scope

Heya @cramskill and welcome to the community.

Wow, that doesn't sound good at all, I'm sorry you had to go through that. I'm afraid I can't give legal advice here, but have the CAB been able to suggest a course of action legally? It seems if it's a fault in the machine, it should come under warranty at the very least? Or if it was under 30 days, would the place of purchase be able to be contacted for a replacement?

cramskill

will be contacting them Friday. Have given supplier/manufacture till then but not really getting anywhere

MW123

@cramskill

Your contract is with the retailer (the seller), not the manufacturer. You should contact the retailer where you bought the scooter from and clearly state that you are rejecting the product under the Consumer Rights Act 2015 and are requesting a full refund due to the product being unsafe and not fit for purpose. You have 30 days from taking ownership of the scooter (this could be the date of purchase or the date it was delivered to you whichever is later) to claim a refund if it is faulty.

Collect any evidence that supports your claim. This could include photos of the defect, medical reports if there were injuries, and any communication with the manufacturer acknowledging the fault. Make sure to document all communication with the retailer. If you are communicating via phone, follow up with an email summarising the conversation. Keep records of dates, times, and names of the people you spoke to.

cramskill

many thanks for the info. This instance manufacturer is supplier

MW123

@cramskill

So your contract is with the manufacturer since you purchased the scooter directly from them. They are legally required to provide a full refund within 14 days of being notified, as the goods are not fit for purpose and fall within the 30-day time frame.

Based on your description of the fault, in my personal opinion I can see no valid reason to deny your refund request. I am very surprised that the manufacturer has not responded promptly, especially as this could be a manufacturing defect affecting other scooters. You can also contact Trading Standards, who I'm sure will be more than happy to assist you.