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Mobility Scooter Consumer Rights
Summary
Under the Consumer Rights Act 2015, if a mobility scooter is faulty, you have the right to a repair, replacement, or refund. If the initial repair fails, you can request a replacement or a refund. For housing issues, if you have a mobility disability, you may argue for reasonable adjustments under the Equality Act 2010. Sections 20, 21, 29, and 149 may apply, requiring the housing association to accommodate your needs. If appeals are rejected, consider escalating to the Housing Ombudsman or seeking legal advice.Full Conversation
Frank decided to buy his wife Harriet a mobility scooter four months ago. She has used it quite frequently over the last four months but now Frank has noticed that the battery is not retaining its charge for long. He allowed the trader to attempt to repair it, but it is still not working properly.
Hi Leslie,
I'm sorry to hear about the issues with the mobility scooter. To provide better assistance, could you let me know if Frank has contacted the trader again after the initial repair attempt?
This information will help me guide you on the next steps.
I'm sorry to hear about the issues with the mobility scooter. To provide better assistance, could you let me know if Frank has contacted the trader again after the initial repair attempt?
This information will help me guide you on the next steps.
NOT YET
Thank you, Leslie. In this case, Frank has certain rights under the Consumer Rights Act *. Here are some options:
- **Right to a repair or replacement:** Since the initial repair failed, Frank can ask for a replacement.
- **Right to a refund:** If the product is still faulty, Frank can request a partial or full refund.
Has Frank considered contacting the trader to discuss these options?
- **Right to a repair or replacement:** Since the initial repair failed, Frank can ask for a replacement.
- **Right to a refund:** If the product is still faulty, Frank can request a partial or full refund.
Has Frank considered contacting the trader to discuss these options?
i have another question
Of course, Leslie. Please go ahead and ask your question. I'm here to help!
i live in a first floor flat under the housing association. I have since been diagnosed with a mobility disability and need to be moved to a groundfloor flat or bungalow, the housing agreed i can move but wont put me in priority banding (three levels, bronze, silver and gold. I am in silver) the only people that are awarded these types of properites are gold i have provided everything they asked for but still wont move me into gold
I'm sorry to hear about your situation, Leslie. To assist you better, could you let me know if you have submitted any medical evidence or a letter from your GP to support your need for a ground-floor property?
yes
Thank you for confirming, Leslie. Given your medical evidence submission, you may consider the following steps:
- **Appeal the decision:** Write a formal letter to the housing association, detailing your situation and the need for priority banding.
- **Seek support:** Contact local advocacy groups or your local council for assistance in appealing the decision.
Would you like more detailed guidance on how to appeal?
- **Appeal the decision:** Write a formal letter to the housing association, detailing your situation and the need for priority banding.
- **Seek support:** Contact local advocacy groups or your local council for assistance in appealing the decision.
Would you like more detailed guidance on how to appeal?
i have already appealed twice and it was rejected
I'm sorry to hear that, Leslie. Here are some steps you can take next:
- **Ombudsman:** You can escalate your case to the Housing Ombudsman after exhausting the housing association's appeals process.
- **Legal Advice:** Consider seeking legal advice from a solicitor specializing in housing law.
Would you like more information on escalating to the Ombudsman?
- **Ombudsman:** You can escalate your case to the Housing Ombudsman after exhausting the housing association's appeals process.
- **Legal Advice:** Consider seeking legal advice from a solicitor specializing in housing law.
Would you like more information on escalating to the Ombudsman?
what legal standing do i have?
Hi Leslie,
Given your situation, here are your potential legal standings:
- **Disability Discrimination:** Under the Equality Act *, you may argue that the housing association is discriminating against you based on your disability by not providing reasonable accommodation.
- **Housing Ombudsman:** You can take your case to the Housing Ombudsman for further investigation.
Would you like more detailed information on either of these points?
Given your situation, here are your potential legal standings:
- **Disability Discrimination:** Under the Equality Act *, you may argue that the housing association is discriminating against you based on your disability by not providing reasonable accommodation.
- **Housing Ombudsman:** You can take your case to the Housing Ombudsman for further investigation.
Would you like more detailed information on either of these points?
would i win in court
Hi Leslie,
It's difficult to predict court outcomes with certainty. Given your situation:
- **Disability Discrimination:** If you can prove the housing association's actions are discriminatory under the Equality Act *, you may have a strong case.
- **Housing Ombudsman:** If the Ombudsman rules in your favour, it could strengthen your position in court.
Would you like more information on how to proceed legally?
It's difficult to predict court outcomes with certainty. Given your situation:
- **Disability Discrimination:** If you can prove the housing association's actions are discriminatory under the Equality Act *, you may have a strong case.
- **Housing Ombudsman:** If the Ombudsman rules in your favour, it could strengthen your position in court.
Would you like more information on how to proceed legally?
which specific sections of the ea * apply
Hi Leslie,
Under the Equality Act *, the sections that might apply to your situation are:
- **Section *:** Duty to make adjustments.
- **Section *:** Failure to comply with duty.
- **Section *:** Provision of services, etc.
- **Section *:** Public sector equality duty.
Would you like more detailed information on any of these sections?
Under the Equality Act *, the sections that might apply to your situation are:
- **Section *:** Duty to make adjustments.
- **Section *:** Failure to comply with duty.
- **Section *:** Provision of services, etc.
- **Section *:** Public sector equality duty.
Would you like more detailed information on any of these sections?
yes please on how they apply to me
Hi Leslie,
Here’s how the relevant sections of the Equality Act * apply to your situation:
- **Section * (Duty to make adjustments):** The housing association must make reasonable adjustments to accommodate your disability, such as providing a ground-floor flat.
- **Section * (Failure to comply with duty):** If the housing association fails to make the necessary adjustments, they may be in breach of this duty.
- **Section * (Provision of services, etc.):** The housing association must not discriminate against you in the provision of housing services.
- **Section * (Public sector equality duty):** The housing association, as a public body, must eliminate discrimination and advance equality of opportunity.
Would you like more detailed information on any specific section?
Here’s how the relevant sections of the Equality Act * apply to your situation:
- **Section * (Duty to make adjustments):** The housing association must make reasonable adjustments to accommodate your disability, such as providing a ground-floor flat.
- **Section * (Failure to comply with duty):** If the housing association fails to make the necessary adjustments, they may be in breach of this duty.
- **Section * (Provision of services, etc.):** The housing association must not discriminate against you in the provision of housing services.
- **Section * (Public sector equality duty):** The housing association, as a public body, must eliminate discrimination and advance equality of opportunity.
Would you like more detailed information on any specific section?
could you write me a draft email to the housing
Sure, Leslie. Here is a draft email you can use to contact the housing association:
---
Subject: Urgent: Request for Priority Banding Due to Mobility Disability
Dear [Housing Association Contact's Name],
I hope this email finds you well. My name is Leslie, and I am currently residing in a first-floor flat managed by your housing association. I am writing to request an urgent review of my housing priority banding status due to my mobility disability.
Despite providing all the required medical evidence, including a letter from my GP, my request for a move to a ground-floor flat or bungalow has not been granted priority banding beyond Silver level. This has left me in a challenging situation, as the properties suitable for my needs are typically awarded to those in the Gold banding.
I would like to bring to your attention the following sections of the Equality Act *, which I believe are relevant to my case:
- **Section * (Duty to make adjustments):** The housing association has a duty to make reasonable adjustments to accommodate my disability, such as providing a ground-floor flat.
- **Section * (Failure to comply with duty):** The failure to make these necessary adjustments may constitute a breach of this duty.
- **Section * (Provision of
---
Subject: Urgent: Request for Priority Banding Due to Mobility Disability
Dear [Housing Association Contact's Name],
I hope this email finds you well. My name is Leslie, and I am currently residing in a first-floor flat managed by your housing association. I am writing to request an urgent review of my housing priority banding status due to my mobility disability.
Despite providing all the required medical evidence, including a letter from my GP, my request for a move to a ground-floor flat or bungalow has not been granted priority banding beyond Silver level. This has left me in a challenging situation, as the properties suitable for my needs are typically awarded to those in the Gold banding.
I would like to bring to your attention the following sections of the Equality Act *, which I believe are relevant to my case:
- **Section * (Duty to make adjustments):** The housing association has a duty to make reasonable adjustments to accommodate my disability, such as providing a ground-floor flat.
- **Section * (Failure to comply with duty):** The failure to make these necessary adjustments may constitute a breach of this duty.
- **Section * (Provision of
continue
services, etc.):** The housing association must not discriminate against me in the provision of housing services.
- **Section * (Public sector equality duty):** As a public body, the housing association has a duty to eliminate discrimination and advance equality of opportunity.
Given these legal obligations, I kindly request that my priority banding be reviewed and upgraded to Gold status to ensure my accommodation needs are met promptly.
Thank you for your attention to this urgent matter. I look forward to your prompt response.
Best regards,
Leslie
---
Would you like any changes or additional information included in this draft?
- **Section * (Public sector equality duty):** As a public body, the housing association has a duty to eliminate discrimination and advance equality of opportunity.
Given these legal obligations, I kindly request that my priority banding be reviewed and upgraded to Gold status to ensure my accommodation needs are met promptly.
Thank you for your attention to this urgent matter. I look forward to your prompt response.
Best regards,
Leslie
---
Would you like any changes or additional information included in this draft?
this is there gold banding criteriA : Where the property is subject to a Prohibition Order from the Local Authority Environmental Health department.
Where an applicant has been awarded high medical priority, defined as:
Extreme physical disability requiring care assistance which restricts the customers independence or impedes their ability to live safely making their current property not suitable for their needs.
Instances of mobility support within the customers current home making facilities above ground floor inaccessible.
Where the Local Authority has determined statutory overcrowding in the applicant’s current home.
Applicants who need to move due to the threat of domestic abuse as determined by an appropriate agency such as the Police, New Era or Multi Agency Risk Assessment Conference.
Victims of crime, in fear or experiencing harassment or threats of violence from outside the home which prevents the individual(s) from remaining in their current property. Supporting evidence will be required.
Thank you for sharing the gold banding criteria, Leslie. Here is an updated draft email incorporating this information:
---
Subject: Urgent: Request for Priority Banding Due to Mobility Disability
Dear [Housing Association Contact's Name],
I hope this email finds you well. My name is Leslie, and I am currently residing in a first-floor flat managed by your housing association. I am writing to request an urgent review of my housing priority banding status due to my mobility disability.
Despite providing all the required medical evidence, including a letter from my GP, my request for a move to a ground-floor flat or bungalow has not been granted priority banding beyond Silver level. This has left me in a challenging situation, as properties suitable for my needs are typically awarded to those in the Gold banding.
According to your gold banding criteria, high medical priority is defined as:
- Extreme physical disability requiring care assistance which restricts independence or impedes the ability to live safely, making the current property unsuitable.
- Instances where mobility support within the current home makes facilities above the ground floor inaccessible.
Given that my condition meets these criteria, I believe my banding should be adjusted to Gold. Additionally, I would like to bring to your attention the following sections of the Equality Act *
---
Subject: Urgent: Request for Priority Banding Due to Mobility Disability
Dear [Housing Association Contact's Name],
I hope this email finds you well. My name is Leslie, and I am currently residing in a first-floor flat managed by your housing association. I am writing to request an urgent review of my housing priority banding status due to my mobility disability.
Despite providing all the required medical evidence, including a letter from my GP, my request for a move to a ground-floor flat or bungalow has not been granted priority banding beyond Silver level. This has left me in a challenging situation, as properties suitable for my needs are typically awarded to those in the Gold banding.
According to your gold banding criteria, high medical priority is defined as:
- Extreme physical disability requiring care assistance which restricts independence or impedes the ability to live safely, making the current property unsuitable.
- Instances where mobility support within the current home makes facilities above the ground floor inaccessible.
Given that my condition meets these criteria, I believe my banding should be adjusted to Gold. Additionally, I would like to bring to your attention the following sections of the Equality Act *
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