Mobilty Plus Not Honouring Warranty

[G__M]

Hi Folks,

 

Apologies if this is in the wrong section, I didn't know where else was appropriate for this post, if it is in the wrong section, could the mods move it accordingly please.

 

My wife's grandfather was sold a 'Walk In' bath less than 18 months ago for £5000 by Mobility Plus however the seal around the door has perished completely causing the bath to leak.

 

My wife's grandfather has contacted Mobility Plus to get the seal replaced however upon phoning them, they have informed him that although he purchased the bath through them - the company which made the bath's/supplied parts to Mobility Plus has gone bust and therefore they cannot honour his 3 year warranty.

 

At least part(if not all) of the £5000 was paid by credit card and due to the above I need some advice before I take them on, on his behalf.

 

1) Irrespective Of The Supplying Company going 'Bust', are Mobility Plus legally required to honour the 3 year warranty as he purchased said goods and warranty through them?

 

2) Regarding the payment by credit card, Is he covered under section 75 of the CCA or

 

3) As the item has not lasted a reasonable amount of time, does he have rights under the Sale Of Goods Act.

 

Any help would be appreciated as I am due to phone Mobility Plus tomorrow.

 

Many Thanks

[Conniff]

In answer to all your questions, - yes.

 

You can ask them who the supplying company is and see if they will answer.

[G__M]

Conniff - Thanks for the reply.

 

So far they have refused to provide my wife's grandfather with any information regarding the supplying company, lucky for me he is very clever when it comes to retaining and filing paper work.

 

So far he has found something relating to a company called Kielder however my checks so far relating to a company by that name making/supplying these type of products have been fruitless.

 

I think I'm going to have a bit of a fight with Mobility Plus on this one so any advice on taking them on is appreciated.

[Conniff]

You don't need the manufacturing companies name GM, that was just out of interest. Any problems are up to the seller.

 

If you paid some by credit card, then you are covered for the lot. If you have paperwork showing they aren't interested now that they have your money, trot off down your bank and start a claim to get it all back. If you don't have any paperwork, you can still start the ball rolling that way, but you can bug Mobility Plus and write to them telling them that under SOGA, they are responsible without mentioning S75 at this time.

I wouldn't do anything on the phone unless you can record the calls.

[G__M]

Conniff - Your help is/has been greatly appreciated.

 

I have all my wife's grandfathers paperwork with me and he paid the entire amount via credit card so that's covered although I spoke to Mobility Plus first thing this morning making them aware of their rights under the SOGA(Call recorded thanks to app on my phone).

 

I have just had a phone call back and surprise surprise, Mobility Plus are sending out a new door seal and when it arrives I need to call them again to get an engineer sent out to fix it.

 

Could the admins, if possible keep this thread open until I have had the issue resolved completely just in case, they do not stick to things.

 

Many Thanks

[Conniff]

I'm so pleased for your grandfather GM.

 

Of course the thread will remain open and available to you at any time in the future.

[G__M]

An update on this matter.

 

There is a complete warranty on the walk in bath with respect to parts/labour included however the part has arrived but Mobility Plus are now requesting my wife's grandfather pay the cost of an engineer going out.

 

I am intent he is not going to pay anything because of the warranty and the fact that under the SOGA - I do not feel that a part perishing on an item 18 months after installed falls under the 'Last a reasonable amount of time'.

 

Any advice on how I can proceed?

 

Many Thanks

Edited August 12, 2015 by G__M

[dx100uk]

quite right

you should not have to pay costs to have it changed.

[ericsbrother]

go back to the credit card co and request a chargeback for the ful cost as the item is clearly not fit for purpose without the part.

[G__M]

Ericsbrother - As the 5k was paid with 2 different credit cards and because of the amount of time that has elapsed(18 months where as a charge back is a 120 day time limit) a chargeback cannot be made can it not?

 

Although am I right in saying that a claim on the relevant credit cards under Section 75 of the CCA can be made?