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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Please tell me what to do about Mothercare and my pushchair!!!

44 replies

FlightAttendent · 26/08/2008 17:44

Hello,

well it's a long tale but I got a Bugaboo in June - it was reduced as it was the last one of the old colours/frame.
Perfect and new, not ex display or anything.

I took it home, and found the seat frame had some cosmetic damage to the foam, so returned it and they managed to order me a new seat frame - this took about 6 weeks.

I was very patient and nice about it all...we have other buggies to use.

nyway when it finally came in, I took the pushchair out for an evening walk. Got 2 metres down the road and it started making a farting noise, the brake was rubbing on every rotation. It was ridiculous so took it back again and they said, 'we'll order you a new frame, this one's duff, here, have an ex display frame to borrow'.

I was happy with this and have been using the ex display one. Another 6 weeks pass and I get a call - 'we have received a spare brake from Bugaboo and have replaced the faulty one, your chassis is ready to collect'.

Fine - no problem. I went to get it and found that in the meantime they have managed to scratch the frame noticeably, get oil? something blakc anyway, on the hand strap, and make a nick in the handlebar. I used this buggy for 10 minutes literally so there was no way I could have done any of it and they know this and admitted as such.

Anbout half an hour after the four of them disappeared into the stock room, they emerged (had been on phone to customer service, they said) and dumped ANOTHER ex display one in front of me, and said ' what do you think of this one?' to which I replied, 'is it new?' and they said 'it's never been used' which of course, it hadn't been - out of the shop - but it still had some scratching to the frame which I pointed out.

The woman said 'Oh but they all get that when you fold them up' and I said 'yes but I haven't folded it up, someone else has!!' and we all stood round in silence.

I said I wasn't really happy to take another scratched frame, and said what are the alternatives, but nobody made any suggestions so I said, 'well, I don't know what to do, may I think about it please?' and they seemed well pissed off with me, took my wheels off the one they'd lent me and then I realised I'd have to lug them back to the car so asked to leave them too, and they were even more pissed off.

I am fed up that THEY have scratched up my frame, and aren't rprepared to replace it - although I know they'd have to supply the newer frame, which honestly is not that different.

So AIBU when I only paid half price in the first place? They've had it for 2-3 months quite apart from damaging it.

I can't return the whole thing because I swapped the covers for some grey ones.

What do I do next?

OP posts:
misdee · 26/08/2008 17:49

you tell them yu want a NEW chassis to replace the one they damaged!

busymum1 · 26/08/2008 17:51

www.consumerdirect.gov.uk should help

Original poster
FlightAttendent · 26/08/2008 17:57

Thanks...but it wasn't very very damaged, just a bit - looks like ex display.

I am worreid in case they said I accepted a repair - nothing was in writing about the new chassis being ordered. I was told they'd get a new one.

I did ring a couple of weeks after and they said they weren't sure if they were getting a chassis or a spare part. I never agreed to it as far as I recall because they didn't ask me.

I didn't agree to it being scratched anyway!

OP posts:
Original poster
FlightAttendent · 26/08/2008 18:04

...although I probably did say I didn't mind what they did, the time I rang them..

Also the way they all disappeared leaving me with two bored children for half an hour. I ended up breastfeeding on the 'sample car seat' that they use to show you how to fit seats!

I just spoke to them again, assistant manager says she has to ask her manager who returns on Thursday. Then fobbed me off when I wanted the ref number they got when they rang head office earlier - head office have no record of it at all

'Oh I'd have to go through all the paperwork, I'll ring you tomorrow'

OP posts:
nancy75 · 27/08/2008 11:11

i would ask for my money back tbh, but it depends how much you want the pram, if not tell them you want a new chassis

Original poster
FlightAttendent · 27/08/2008 12:47

Hi Nancy - thankyou. I've had a call this morning, the assistant manager said she has been offered a new zip-on foam handlebar by Bugaboo, but they are unwilling to replace the chassis.

I said to her that I wasn't surprised because it was not their fault! It was damaged by the store and they should suck it up really I think. They never even sent it away to bugaboo to be repaired - they had it the whole time.

So she said she would speak to her manager tomorrow when she comes back.

grrrrr!

OP posts:
fizzbuzz · 27/08/2008 13:27

You are entitled to a repair with minimum inconvenience to yourself. If this isn't carried out, you are entitled to a full refund or exchange. A reasonable amount of time would be 3 weeks for a repair, you have waited a lot longer.

They have messed you around, and your contract is with Mothercare, not Bugaboo. it is up to Mothercare to sort out problems.

Sale of Goods Act 1979. Don't back down, you will win eventually, even if you have to take them to small claims court. I never back down in these situations and always get my money back.

Say you want your money back.

fizzbuzz · 27/08/2008 13:44

They item should have been of satisfactory condition, and fit for the purpose intended. It wasn't. There is no way you should have been waiting 2-3 months for problems to be sortd out. They should have issued a refund straight away. the fact that it was bought in the sale makes no difference, your statutory rights still apply.

Write a letter to them stating all problems you have had, amount of time you have been without it , and the inconvenience this has caused. Send it recorded delivery

Request a full refund under 1979 Sale of Goods Act quoting the top bit of my post. Give them 7 days to reply and then say you will take further action.

You can claim your money back through Mymoneyclaim (which is part of the courts service). Do not back down, it is their reponsibility at this stage not yours.

I never back down over anything like this, and always get my money back, every single time.

Good luck

hanaflower · 27/08/2008 13:45

This reply has been deleted

Message withdrawn at poster's request.

Original poster
FlightAttendent · 27/08/2008 13:49

Thankyou Fizzbuzz - that is a very useful lot of information. One thing - can I insist on a replacemtn rather than a refund?

I no longer have the carrycot section or the original covers as I bought a different colour. So I can't return the whole thing as I bought it.

I rang Bugaboo myself (M'care gave me the number?!) and explained to the lady there what had happened, and that I did not hold them responsible for the damage.

She had a record of their conversation and was not told by Mothercare that they had had the item all this time. She had assumed it was in my care whilst awaiting the brake part and of course fair wear and tear is not covered under warranty!

Naughty old mothercare...!

OP posts:
tigger15 · 27/08/2008 15:04

Your rights under the sale of goods act are either for them to repair or refund. It all depends on what is reasonable in the circumstances. Consumerdirect has some good template letters to use.

fizzbuzz · 27/08/2008 15:12

You can certainly ask for a replacement, but they may offer only a refund.

Can you explain the carryccot thing you don't have a bit more? If you don't have it, it may prove to be a bit of a sticking point.

Warranty schmarranty...warrantys mean nothing...Mothercare has the responsiblity

Original poster
FlightAttendent · 27/08/2008 17:25

Thankyou - I think they want to repair it but can only get hold of the new handlebar foam bit - and it would be different to the one that it has now, just something that zips over iyswim (a bit crap in other words!)

The frame scratches can't be repaired.

I am trying to think of it from their point of view...if they offer me a refund, they would have a damaged pram to try and sell on and would lose money...in fact I don't think Mothercare even sell display items, they prob only return them to the manufacturer - and of course they have ruled that out in this case as Bugaboo won't have any of it.

If they offer me a replacement chassis they will again lose money, because Bugaboo won't take back the damaged one.

So they aren't really onto a winner. I guess they might discount the pram some more if I agree to keep it. That might be the best option as they'd probably lose the least money. I might be Ok with that depending on how much was taken off.

Fizz - the carrycot is an attachment that comes with the whole kit - my son was too old to use that bit when I got it, so I sold it on while waiting for my chassis to be fixed. Same with the original covers - I'd no reason to suspect there would be anything wrong with the frame/brake.

I am only really annoyed at their refusal to accept responsibility for what they have done. If I borrowed something from their shop, took it home for 2 months and scratched it up a bit, then expected them to have it back, well you see what I'm getting at!

Thanks for the ideas. I will go and look at form letters and see what sounds appropriate.

OP posts:
Original poster
FlightAttendent · 27/08/2008 17:30

Btw Head Office have ducked right out - they say it is purely a matter for the store manager, although they did agree to put in an official complaint which will go down the chain to the store, and may create some pressure.

OP posts:
amidaiwish · 27/08/2008 17:49

actually i think YAB a bit U.

what was wrong with the second ex-display frame? just a bit scratched? considering that you got a Bugaboo for half price originally i think you should accept the "a bit scratched" ex-display frame.

it will be a like that in a few weeks of use anyway.

Original poster
FlightAttendent · 27/08/2008 18:37

That's exactly what they said too Amidai.

That's why I posted, to see if I was just expecting too much.

I don't know anything about the other frame they offered, except that yes it was also scratched. I presume it was standing around in the shop for about a year being tried out and demonstrated for people buying their full price pushchair.

I expect there isn't much wrong with it but I think it probably would invalidate my two year warranty if I had an ex display model, so what would happen if something went wrong with it? Tough sh*t I suppose!

OP posts:
misdee · 27/08/2008 18:40

it would invalidate your warrenty as the chassis numbers wouldnt match.

Original poster
FlightAttendent · 28/08/2008 10:24

Ta Misdee

Well I just spoke to one of them again (asked for manager, got someone called Leslie - who it turned out was NOT the manager - manager isn't in yet)

I mentioned the warranty and she said, Oh no, that's not a problem, you would just give them the new chassis number if anything went wrong with it in future

Yeah right

I don't think that is correct somehow...

Anyway I told her I wasn't happy with something that has been mucked about with in the showroom by numerous people over the course of a year.

She said they will ring me later...

OP posts:
fizzbuzz · 28/08/2008 12:36

Just write to them saying what I said.

Leave Head Office and Bugaboo out of it. Your contract is with the branch of Mothercare you purchased it from, and isn't anything to do with the other two.

Mothercare is at fault, and they know it. Have no further contact with them apart from your letter which they will be obliged to respond to

It is unreasonable to expect them to fob you off ith a scratched item. You didn't buy it like that. If they did want to do this, they could have offered you some money back. They are frankly pissing you about and breaking the law at this point.

Warranty means nothing btw

PinkyDinkyDooToo · 28/08/2008 13:19

I have had problems with Mothercare in the past. I finally got my problem sorted by writing to head offce. Tell them in your letter that you have not had a satisfactory response from the store and you want a pushchair that is in full working order, and not scratched.

Good luck

Original poster
FlightAttendent · 28/08/2008 13:36

Thanks Pinkydinky

Glad you got a result. I think they know they have mucked it about and that there's no chance the company will send them another for nothing. Also because it was a sale item (nothing wrong with it per se, just one of last year's colours and a few differences to the frame) they think I shouldn't have a new chassis because it is technically worth more I suppose. There aren't any 07 chassis around any more.

OP posts:
TheHedgeWitch · 28/08/2008 13:40

This reply has been deleted

Message withdrawn

Original poster
FlightAttendent · 28/08/2008 13:44

That's good Hedgwitch - I think most stores would generally do this out of goodwill, but I have a feeling M'care are going to kick their heels in and say get stuffed. I've written a letter now and if the manager doesn't ring me sharpish (just tried her again she is with a customer) I shall send it today.

Its bad enough I've been without it for over 2 months, you'd think someone would apologise wouldn't you!

I'm glad you got a decent wardrobe in the end

It isn't like I only want it to sell for a profit or something - I've been using my own seat and basket on their ex display chassis, it has biscuit all over it!

So in theory it should be replaced with the same item - new model or not - however much I paid for it. Imho anyway

OP posts:
Original poster
FlightAttendent · 28/08/2008 13:46

I don't mean they should replace the seat etc. just the chassis.

I was just illustrating the fact it's being used rather than 'Oh I'll grab a bargain and sell it at a massive profit'.

OP posts:
fizzbuzz · 28/08/2008 14:02

They can say get stuffed, but you can still get a replacement or refund

Taking the first step into court action always brings results. They stump up PDQ then, and it is sooooo easy and hassle free

Grrr, can feel consumer champion in me raising itself, I hate hate hate bad service and stores who try to get away with it.

So far I have had:
new computer
new tv
new car
new sofa
new watch
and loads of other stuff, all from not backing down.

rant rant rant.........