Help! Bought New Mobility Scooter Online...

Don

I bought a brand new mobility scooter online, with a deposit and a finance agreement.
First issue they didn't have the colour I ordered, that's fine, any colour will do.
Second issue, they didn't have any available to sent, but had one already built in stock.
That's fine, it'll do, I can't wait to get out and about.
It arrived on a pallet, got it indoors to charge realised an anti-tip wheel was missing, the one that is on it is scuffed and the tyres show it had obviously been used outside.
I only had one key, the registration document was blank, there are small but noticeable marks on the body work, but I was so excited to finally have a scooter I was happy to overlook it.
Took it out for a test drive, then realise it didn't have the power to tackle a small section of the road to my house, so had to get off, and walk it up a small section the hill pulling the drive lever.
So now I realise I am not going to be able to get out and about like I thought I was, I thought I had researched, it was a road legal, all terrain scooter and some sites had it listed as good for hills, but it's obviously not and I am nowhere near the maximum weight recommended.
I contact the seller and tell him and he insists it's brand new and because he sent it via a special delivery I am to have £128 deducted from my deposit to send it back (which I didn't request, bear in mind I was buying a scooter, brand new and hadn't requested an engineer delivery as my partner is an engineer and he was going to put it together for me! I will only get a refund if it's in brand new condition, difficult because it wasnt!
I've told him it will be back on the pallet ready to collect tomorrow but I do not agree with him deducting the money from my deposit, his website stated free delivery and free collection within 14 days. I sent a link to the distance selling regulations.
So now I am stuck with a scooter that is no good to me and worrying I am going to lose lots of money and still not be able to get out and about.
I feel sick 

Abs_Scope

Hi @Don - I am sorry to hear about your situation with your scooter.

It is a purchase you would have put a lot of research into to make sure it meets all your expectations.

I hope somebody will be able to suggest something for you.

Don

Thank you @Abdi_Scope, it has been collected this morning so now I just have to wait and see if they will refund me or charge me for the nightmare. I don't see why I should pay when what I ordered was not what was delivered.

Abs_Scope

@Don -  I feel your frustration.. May be you could contact Citizens Advice 03444111444 or via web chat https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/web-chat-service/ they will let you know your rights. 

Keep us posted with how it develops

Richard_Scope

@Don, you might want to talk to your local trading standards office too. 

Don

Thanks @Abdi_Scope and @Richard_Scope,It is on it's way back to them, I'm not sure if anything will be taken from my deposit now, I've requested to cancel the finance so now I will wait and see what happens when they get it. I told them I didn't agree and I would seek advice.

pollyanna1052

Don

Thanks @pollyanna1052 I haven't been able to walk my dogs for some time, I can't wait to get back out there, totally frustrated.

thespiceman

Hello @Don   Please may I suggest sign up to WHICH magazine.

https://www.which.co.uk

This is a consumer magazine I get every month and basically has lots of information on every thing A to Z for the consumer.

Testing of products the wrong and rights of purchasing selling and anything retail.

Knowledge use my self.

Legal teams waiting to talk to you and worth applying for , lots of reassurance latest scam and so much more

This might come under the Sale of Goods Act .

How did you pay by debit or credit card should be Ok but worth please checking out.

No matter how much research you have done there always going to be snags or problems.

I would always take photos when scooter arrived if you did good.

This means can prove that you did not cause the damage or any of the problems if you mentioned them as you should.

Witnessed by someone else make a report and signed it.

I had an agreement in dealing with all my customers when purchasing goods to the following.

Always make sure what your buying is what you want, please if it not suitable please say so.

Return immediately and soon as possible.

Understand law then thirty days to decide to return postage and packing costs in good condition any goods returned if not.

Then there are yours and will have to pay .  If do not pay used courts to get money explained all of that in the contract.

How many do not read lots did.  In any markets if you for example lets say buy some jeans on line. Wear them a zip does not work or there not the right size you can return them but be always an idea might not get money refunded due to lack of proof who did the damage.

I know complicated but I ran a business for ten years buying a selling products collectables and much more there were incidents and problems due to others purchasing the items.

I spent hundreds on courts small claims and any one tell  you can be easily deceived.

Proof of damage caused by others that is the problem who did what the onus the proof .  

Your entirely innocent I know but he the retailer may see this different had happened and sorry.

Lesson learnt here I think next time think about looking on Motability website lots of scooters there.  Not to only lease if you have not got the benefits then another reference source often stating companies.

Or look to speak to your local trading council services or there website.

Registration of all Companies if not listed scam ones.

This the problem  how do see a scooter being brand new if you not looking at it, personally.

Please take care,keep safe if you have any questions please ask.

@thespiceman

Don

Thanks @thespiceman, I did take photos and I've told them the images are digitally timestamped, and I've returned it in less than a week.
I am hoping after I sent the link to the distance selling regulations he doesn't try to drag this out.
I sell on eBay and Amazon as well as my own website so I'm familiar with the law, I think I'm dealing with a  newbie dropshipper to be honest because the scooter didn't go back to the company I bought it from, however it went to the same company that has applied branding stickers to it. 
I really should have checked them out first! I was just excited to finally be getting one 

Don

Just an update, Scooter was returned and I have now had a full refund and the agreement cancelled.
So if you are planning on buying a scooter don't do what I did!  

Chloe_Alumni

Thanks for letting us know @Don! I'm really glad you managed to get a refund.

I hope you're able to get another one soon.

Don

Thanks @Chloe_Scope I have one arriving on Monday, I am so excited!  Will be great to get back outside with my partner and dogs.

Adrian_Scope

Great news about the refund and I'm really pleased you've got a new one arriving Monday @Don.