What are his rights? Scooter repeatedly breaking down

Nicola912

My dad bought a scooter from Ableworld and just 3 days over a year of purchase , the scooter broke down . Ableworld engineer came out cost £70 and they took scooter. Received scooter back 3 days later , new batteries cost £359. Within a hour of scooter being dropped off and dad paying the scooter broke down again. Dad had to push the scooter home , he's 82yrs old. Rang Ableworld and engineer came out & took scooter . Received scooter back 4 days later. Four days later scooter broke down in the middle of a cyclops roundabout , dad was using the crossing lane . Scooter wouldn't budge even in neutral . After what seemed a eternity dad got the scooter to move manually and pushed the scooter home , nearly a mile & a half . Raised a complaint with Ableworld St Helens were we bought from. They took the scooter on Nov 13th 2024 and we haven't seen the scooter since . We have contacted Head Office, Citzens Advice , Which Trust Traders but it seems Ablewotld St. Helens are not regulated for sales !!! Ableworld St Helens says my dad has not rights under the Consumer Act 2015 .

Anyone advise ? Help? Similar situations ?

Nicola912

mix_dage

Hi @Nicola912

How did Dad pay for his scooter, if it was credit card he could go to his bank, otherwise I would post on the consumeraction website as linked below. There are some very helpful folk there, and the link below gives you idea of how to approach a similar situation.

https://www.consumeractiongroup.co.uk/topic/463303-problems-with-mobility-scooter-careco-drive-devilbiss-ukddh-burning-smell-18mts-in/#comment-5234835

best of luck

Nicola912

Thank you so much. Dad paid by debit card.

I have posted in the group you reccomended, so hopefully I will find a way forward …

MW123

@Nicola912

I’m really sorry to hear how your dad has been treated by Ableworld. It’s terrible that he has been left stranded more than once, especially at his age and after spending so much money in good faith. No one should have to push a broken scooter home, particularly not an 82-year-old.

To be clear, your dad still has rights under the Consumer Rights Act 2015, even though the one-year guarantee has passed. The law states that products must be of good quality, last a reasonable length of time, and be fit for purpose. If the scooter breaks down sooner than you would reasonably expect, as in your dad’s case, he may still be entitled to a repair, replacement, or even a refund.

Being part of Which? Trusted Traders is voluntary and does not change a retailer’s legal responsibilities. If Ableworld keeps claiming your dad has no rights, that is simply incorrect.

If Ableworld continues to deny your father’s rights, you can report the issue to Trading Standards through Citizens Advice, who can help investigate and resolve complaints. If that doesn’t work, you can take the matter to small claims court, which is a straightforward and affordable process designed for ordinary people and does not require legal representation. Additionally, if your dad is on a low income, he may be eligible for help with court fees to reduce or cover the costs. Please see the link below.

https://www.gov.uk/make-court-claim-for-money/court-fees

Nicola912

Thank you for your reply. As Ableworld have instructed a solicitor back in March . I feel a little inadequate in knowing the legal side but the moral side I am very sure of. It's very sad world in that a company will take a pensioner to court .

The reviews on trust pilot for that particular shop are shocking ...wish I knew what I know back then ! Dad has asked for through Which Trust Traders & Head Office of Ableworld for £1000 for scooter as he had just over 12 months and the cost of the brand new batteries he has never used …

Ableworld still have dad's scooter and his money ..unfair, I would say so

MW123

@Nicola912

Sorry, when I replied to your original post, you hadn’t mentioned that Ableworld were taking legal action against your father. I’ve since read your further update.

If they’re taking him to court, I would strongly advise that he also exercises his legal right to make a counterclaim in response to their claim. This means he can submit his own claim against Ableworld as part of his defence. For example, he could ask the court to order a refund of the £1,000 for the scooter, along with the cost of the unused batteries he never got to use.

To do this, he’ll need to include the details of his counterclaim when he submits his defence. The defence form is usually Form N9B, and there’s a section where he can explain what he’s claiming and why. It’s important to include as much detail as possible, along with any supporting evidence, such as receipts, letters, or emails.

There will be a small court fee for making a counterclaim, depending on the amount being claimed. Court staff can explain how much it is and how to pay it. Once everything is submitted, the court will consider both Ableworld’s claim and your dad’s counterclaim together and make a decision based on the evidence provided.

I think your father has been treated appallingly, and based on what you’ve explained, I’m confident the court will find in his favour.

Nicola912

Thank You ! Myself and dad really appreciate all your advice and help.

Ableworld solicitor was only engaged by them as we sent a letter before court action on advice from Citizens Advice.

No claim against my dad , just we are trying to find out his legal stance as it looks like we will have to go to court...