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JGM, Solicitor
Category: Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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Car Law (in Scotland) : I made a car purchase from Kent from

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Car Law (in Scotland) : I made a car purchase from Kent from a reputable dealership in Perth (Scotland) for a*****vehicle. I paid in full for the 4 WD spec. I have been supplied with a***** The original (stamped and authenticated) handbook was missing. Both the Dealership and ***** *****'s Head Office Customer Services have confirmed and admitted having "mis-sold" to me. They now wish to "unwind the deal" and want to refund "all monies". What rights do I have and am I entitled to compensation?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
My (unsent) drafted email response is copied below together with the dealership's refund 'offer' . They offer no compensation other than a one way train ticket home to Kent - asking me to return the car on my own. I am a 60 year old woman.
Dear ***** CairnsI am in receipt of your prompt response following our telephone conversation this afternoon. Thank you for confirming that this conversation was recorded by your office.I would be grateful if you would clarify and define statements that you have made in your email below. I would welcome simple and specific answers (following the same format/chronological order) to the following :1. What is your understanding of what you describe as my "complaint"?
2. Please paraphrase back to me what you consider the "ongoing issues" are?
3. What exactly is an "unwinding" and how do the Branch do this?
4. What is your understanding and definition of "the deal"?
5. What exactly is a "refund" of "all monies paid"?
6. Where is the*****vehicle that was sold to me by ***** ***** and reflected in the price that I paid?I look forward to receiving your answers to the above (in writing).With kind regards
Sally Rutherford(hard copies of all correspondence forwarded to the Legal Department, ***** *****,***** Glasgow, G41 2PP)From: Customer Services [mailto***@******.***]
Sent: 09 December 2015 15:53
Subject: Ref 224553Dear Ms RutherfordFurther to our recent telephone conversation early today in relation to the ongoing issues you have experienced with your Suzuki.After a full review of your complaint the branch have advised they are unwinding the deal and refunding all monies paid. The amount for refund is £14467, this is made up of £13988 paid for the car . The £175 charge for delivery and £279 for the service plan.If you are willing to accept this offer can I request you respond back to this email with a date suitable for yourself to take the car into our West Bromwich dealership with both keys, Handbooks, V5. This is to allow us to carry out an inspection on the vehicle. As soon this have been carried out we will instruct the selling branch to proceed with the refund. we are also willing to reimburse yourself for 1 train ticket from West Bromwich to Kent on production of receipt.Once again on behalf of ***** ***** customer services may I once again apologise for the inconvenience this matter has caused.Kind Regards *****
Customer Service Team
T: 0141(###) ###-####Ext 483***** Glasgow, G42 8NJ
Expert:  Ash replied 1 year ago.
Hello Frank my name is ***** ***** I will help you.
Did the salesperson know it was not the car you wanted, or was he just ignorant do you know?
Customer: replied 1 year ago.
Firstly I am not Frank!
He is the signatory of the letter I copied to you from the Head Office Customers Service of ***** *****. He is handling the mis-managed sale from the Branch Dealership.
My name is***** answer to your question the sales representative knew from the very outset my specific requirement was for a***** This is why I had to source to Perth Scotland (!!) from Kent. I cannot answer as to whether he deliberately substituted with a cheaper*****model or (as you say) 'was just ignorant'. Only he could answer that!
However, there was a great mystery over the handbook that was integral to the deal. This was not sent with the car. The salesman tried to 'fob me off' constantly and eventually sent a brand new replacement one without all the legal stamps and original delivery provenance for this specific car. He told me that if I wanted to send it back to him he "could arrange to have it stamped-up retrospectively". I was not at all comfortable with that. This was my first alert that something was not right with this sale!!!
Expert:  JGM replied 1 year ago.
Hello, Sally, I am a solicitor in Scotland and will help you with this. From your description there is no doubt that you have been missold the vehicle as it doesn't meet the criteria for a sale in under sale of goods legislation. Under that legislation you are entitled to reject the vehicle which you have done. There is no requirement for you to take the vehicle back personally if it is not reasonable for you to do so, so the first thing you should be doing is demanding that they collect the vehicle from you. In terms of the legislation you are entitled to a refund of the purchase price and any other payments you have made. You are also entitled to damages for inconvenience and distress. You have a claim for the difference if you can't source a similar vehicle elsewhere for the same price or lower having made reasonable efforts to do so. Do not allow them to fob you off. They are well aware of what the law is. They just don't want you to know it as well. Now you do! Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 11154
Experience: 30 years as a practising solicitor.
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