Hi, my name is dor1970! Wheelchair came in the wrong size, but they won't refund. What can we do?

dor1970
dor1970 Online Community Member Posts: 2 Listener
edited 9:12AM in Everyday life

I have had trouble with a wheelchair I received from wheelchair services for my husband who has MSA. I was put in touch with AJM healthcare to obtain the nhs voucher scheme through our occupational therapist. My husband was fitted for the chair knowing what his health problem was. Several weeks passed and no sign of the chair when we called them they advised us to go to their private side of the business that way they could get it quicker it wasn’t going to cost any more then the original quote and the nhs voucher was still in place. Eventually after 6 weeks the chair was delivered as soon as we saw it I said to the man who was bringing it in that it looked too small. He said they have to be a snug fit. Within a few days of using it we found it to be very hard to get my husband in and out of it when transferring him. I rang up and asked if they could come out as I wasn’t happy with the chair. When the technical man came out he agreed it was too small and upon re measuring it found it to be 3 inches too narrow and the leg and feet weren’t in the right position. He said he would get onto the office and order a replacement. After 2 weeks I called the office and was told they were not offering a replacement as my husband signed for it and he was of sound mind !! This cannot be legal if the wheelchair is not fit for purpose. I have made a compliant to the company but they haven’t got back to me. When I’ve tried to email them the message just get bonced back to me. Has anyone any idea on this what I can do the nhs voucher was worth £880 and we paid a further £2,347

Comments

  • Rosie_Scope
    Rosie_Scope Posts: 6,509 Scope Online Community Coordinator

    Sorry to hear that happened to you @dor1970, that all sounds incredibly frustrating. It's good that you've put in a complaint, hopefully that'll get addressed by the company soon.

    Citizen's Advice have a page with some ideas about what to do if you're not getting anywhere with the company: https://www.citizensadvice.org.uk/consumer/get-more-help/Solve-an-ongoing-consumer-problem/

    You can also contact them to get advice on your rights and anything else you might be able to do:

    https://www.citizensadvice.org.uk/consumer/energy/energy-supply/help/if-you-need-more-help-about-a-consumer-issue-energy/

    Hope you can find a resolution soon!

  • MW123
    MW123 Scope Member Posts: 1,440 Championing

    @dor1970

    Under UK law, products must be fit for purpose, of satisfactory quality, and as described. AJM Healthcare’s own engineer confirmed that the wheelchair supplied is three inches too narrow, with incorrect leg and foot positioning, rendering transfers unsafe. This clearly demonstrates that the wheelchair is not suitable for your husband’s needs.

    Signing for the wheelchair does not waive your legal rights. You remain entitled to receive a product that is safe and fit for use.

    You paid £2,347 privately, in addition to using an £880 NHS wheelchair voucher. You are entitled to a refund of your private payment, and the NHS voucher should be returned to the NHS. Public funds cannot be used to subsidise faulty or unsuitable equipment.

    Have you considered contacting your NHS wheelchair service or occupational therapist? They oversee the voucher scheme and often have direct lines to suppliers. Suppliers typically respond more promptly to NHS professionals due to regulatory oversight, ongoing contracts, and reputational scrutiny. NHS involvement may prompt a more constructive response and reduce delays or additional costs.

    You are within your rights to seek a refund directly from the supplier for your private payment. If you paid by card, you may also be protected under Section 75 of the Consumer Credit Act 1974 or through your card issuer’s chargeback process.

    AJM’s silence raises serious concerns. Escalating the issue via NHS channels helps ensure public money isn’t spent on substandard equipment, and that legal obligations under the voucher scheme are not treated as optional.

  • dor1970
    dor1970 Online Community Member Posts: 2 Listener

    our occupational therapist did call them on our behalf but was told because we purchased through their private side of the business it was nothing to do with the NHS even though they had £834 in NHS vouchers.

  • MW123
    MW123 Scope Member Posts: 1,440 Championing
    edited 11:25PM

    @dor1970

    It is wrong for AJM Healthcare to label this transaction as a “private sale” to avoid regulatory oversight while accepting public funds. Their own technician has confirmed the wheelchair is three inches too narrow and incorrectly configured, making safe transfers impossible. This breaches consumer protection law and NHS equipment standards.

    AJM Healthcare accepted £834 from the NHS wheelchair voucher scheme, a regulated public payment, and by doing so committed to NHS standards for clinical suitability, safety and fitness for purpose. The additional £2,347 you paid privately was based on assurances that the wheelchair would meet your husband’s clinical needs.

    Your occupational health professional may not fully understand the detailed rules surrounding NHS vouchers and often relies on supplier information. This does not exempt AJM Healthcare from its legal obligations under the NHS scheme or consumer law.

    If AJM Healthcare refuses to resolve the issue, you should seek formal confirmation from your local NHS wheelchair service identifying the voucher issuer and NHS body responsible for oversight, along with their contact details to pursue the matter.

    Given the involvement of public funds, it seems unreasonable for you to bear the full burden of accountability to resolve this alone. While the specific terms depend on the voucher scheme contract (which I have not seen, so basing it on normal procedure), the NHS typically retains oversight responsibilities to ensure that equipment funded through their schemes meets safety standards and clinical needs. These obligations are set out in agreements between the NHS and suppliers participating in the voucher scheme.

    Your husband’s wheelchair clearly does not meet NHS required standards nor consumer law requirements for goods to be fit for purpose. You are therefore entitled to a full refund or a replacement wheelchair that appropriately meets his clinical needs.