Problems with Mobility Scooter CareCo / Drive DeVilbiss @UKDDH - burning smell 18mts in

[Jedicris]

Hi,

Posting here just to make sure that I get things right.

In July 2022, my wife purchased a Drive Envoy 8 mobility scooter from CareCo using her debit card.

During the last week or so, the scooter has started to have problems, slow running, jerking etc. 

On Sunday, on her way back from the local Remembrance Service, the motor started to really act up and a strong burning smell started.  Obviously, she immediately stopped using the scooter.  She eventually managed to get it home (thanks to some very helpful people).

I have contacted CareCo about this problem. 

 

The UK Discount Mobility Aids Shop - CareCo

WWW.CARECO.CO.UK

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We sell mobility aids, mobility scooters, riser recliners, powerchairs, wheelchairs, walking aids, bathroom aids, and living aids. Shop online or...

Their response was to refer me to Drive. 

Drive DeVilbiss | Global Distributor of Durable Medical Products

DRIVEDEVILBISS.CO.UK

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Drive DeVilbiss is one of the leading manufacturers and distributors of durable medical products in the world today. Discover more.

I have asked them to repair or replace it under the two year warranty that the scooter came with. 

I have yet to receive a response but expect them to tell me to go back to CareCo.

Your thoughts would be welcome.

[dx100uk]

does the warranty with careco actually say that? repair or replace...i doubt it.

i think you are getting confused with your statutory consumer rights .

as its now 18mts old you need to get a report done as to what has gone wrong, and hope it concludes the fault was there at birth not wear and tear etc from your usage.

if the retailer concludes it is their responsibility then they have one chance to repair that fault FOC to you, should it fail for the same fault again, it's only then you have a right to ask for a commensurate refund in regard to 18mts use. but it must be the same fault.

 if what you say about the warranty is true then it might well not be with the retailer but the manu mind?

have you the warranty to scan up please?

dx

[Jedicris]

Copy of warranty.

15. WARRANTY
Drive DeVilbiss Healthcare Ltd. guarantees this product is free from defects in material and workmanship under normal use for 2 years (with the exception of batteries and tyres which are guaranteed for 1 year and the frame which is guaranteed for 3 years), from date of purchase from Drive DeVilbiss healthcare Ltd. and its subsidiary companies or authorised dealers (Your Supplier).

All implied warranties, of fitness and merchantability, are limited in the total duration of 2 years from date of purchase.

Proof of purchase must be presented with any claim.

Drive DeVilbiss Healthcare Ltd. makes no other warranties, expressed or implied and all implied warranties of merchantability, non-infringement and fitness for a particular purpose are hereby disclaimed. In no event will Drive DeVilbiss Healthcare Ltd. be liable for punitive, special, or consequential damages.

Except as provided herein, this warranty will not apply to any Drive DeVilbiss Healthcare Ltd. products that have been

(a) damaged by lightning, water, or power surges,

(b) neglected, altered, abused, or used for a purpose other than the purpose for which they were designed,

(c) repaired by you or any other party without Drive DeVilbiss Healthcare Ltd. prior written authorisation,

(d) used in conjunction with a third-party product or products not approved in advance by Drive DeVilbiss Healthcare Ltd.

(e) damaged or failed by or attributes to acts of God,

(f) damaged, caused by failure to follow instructions, or

(g) otherwise used in a manner inconsistent with any instructions provided by Drive DeVilbiss Healthcare Ltd.

The warranty explicitly exempts consumable items.

This warranty contains the entire agreement between You, your Supplier and Drive DeVilbiss Healthcare Ltd. with respect to any warranty matters and supersedes any and all other written or oral statements, representations or agreements relating to the subject matter of this warranty.

In the event of a product defect during the warranty period you should contact your Supplier, whether it be Drive DeVilbiss Healthcare Ltd., its subsidiary companies, authorised dealers or international distributors, who will at their option, unless otherwise provided by law, do one of the following:

a) correct the defect by product repair within the terms of the warranty, b) replace the product with one of the same or similar design or c) refund the purchase price.

Please note if a fault is outside of the warranty terms and conditions (please see above), any repair undertaken will be charged for.

All replaced parts and products on which a refund is made become the property of Drive DeVilbiss Healthcare Ltd. Repaired or replaced parts and products are warranted for the remainder of the original warranty period.

You will be charged for repair or replacement of the product made after the expiration of the warranty
period.

Drive DeVilbiss Healthcare Ltd. cannot be held responsible for any injury or incident which relates to the use of this product in conjunction with accessories manufactured by companies other than Drive DeVilbiss Healthcare Ltd.

Drive DeVilbiss Healthcare Ltd. has a policy of continual product improvement and reserves the right to amend specifications covered in this document.

No part of this document may be reproduced without the written approval of Drive DeVilbiss Healthcare Ltd.

 

Edited November 16, 2023 by dx100uk
block of text with no paragraphs spaced

[BankFodder]

On a brief reading of the warranty, it seems that the manufacturer is accepting responsibility for defects that occur within the warranty period.

You have a duplicate set of rights. Under the Consumer Rights Act the supplier is responsible for defects other than those which are caused by wear and tear.
The responsibility and years from the date of sale and for a reasonable period of time depending on the item, the use to which it is put et cetera.

You haven't told us how much it cost you.

On the basis that the manufacturers warranty is for two years anyway – and in some respects for three years, we can certainly say that the scooter should last much longer than that.

Let us know what Drive say. On the basis of what you have said, both of these companies are in the frame and you could claim against both of them.

[Jedicris]

Thanks Bank Fodder,

She paid £1530 for it including delivery and installation.

[BankFodder]

How long ago did they refer you to Drive?

[Jedicris]

They emailed on 27 October 2023.

This was when the scooter was just running rough.

Since then of course, we have had the major breakdown, which is when we contacted Drive.  Still no response from them.

[BankFodder]

I suggest that you send a further letter to the supplier. Don't forget that they have primary responsibility under the consumer rights act.
The warranty responsibility is really just a bit of an "add-on".

Tell the supplier that you have taken their advice and contacted the manufacturer and it is now almost 3 weeks and there has been no reply and you are without your mobility scooter and this is very serious.
Remind them that they have responsibility under the consumer rights act and you want to know immediately what steps they propose to take to effect proper repairs, failing which you will have to seek some independent repair source and you will look to them for full reimbursement.

Tell them that not only must they inform you as to what arrangements they are making to have the scooter repaired but also they want to know when that will happen and also the timescale.
Make it clear to them that you will not accept being deprived of the scooter for any extended and indefinite period of time. You want firm delivery dates. Point out to them once again that you have already been without the scooter for a considerable time and you're not prepared to accept open-ended arrangements.

I suggest you post up a draft letter here

[Jedicris]

Draft of Letter

Complete Care Shop
330 Four Oaks Rd
Walton Summit Centre
Preston
PR5 8AP
 

Dear Sirs,

I reply to your email dated 27 October 2023, in which you advise me to contact Drive DeVilbis regarding the problems with my scooter.  I have not received a response from them, so am referring my problem back to you under the consumer rights act.

As you will be aware, under the above act you have primary responsibility.

I need you to advise me immediately what steps you propose to take to effect proper repairs, failing which I will have to seek some independent repair source and I will look to you for full reimbursement.

Since my initial contact, the scooter has now totally failed, with a burning smell coming from the motor.

I have now been deprived of the use of my scooter for some time now and it is not acceptable for this to be further extended or subject to an indefinite delay.

I must ask that you supply me with information as to what arrangements you are making to have the scooter repaired, when this will happen and what the timescale is.

Yours faithfully,

[BankFodder]

Fine. Send it

[Jedicris]

UPDATE.

Complete Care Shop responded quickly to my letter.  They arranged for an engineer to assess the problem.

Engineer has now been and advised that the transaxle and motor need to be replaced.  He will order the spares and arrange to come back to replace them.  Advises that it could take up to three weeks.

[BankFodder]

Sounds good.

Please keep us updated and let us know if it all goes to plan and if that solves all of the problems