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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10259
Experience:  30 years as a practising solicitor.
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Hiya I want to take someone to court over a vehicle of 600

Resolved Question:

Hiya
I want to take someone to court over a vehicle of 600 pounds. the vehicle was verbally confirmed not to have problems and i bought it. It broke down and the dealer refused to take it back only after 5 days. From the very first night there was problems. My bank got me my money back after submitting evidance to them, but reversed the decision after the retailer submitted false evidance. What can i do, as my bank says I need independant advice now. I want to be able to also claim any money back relating to this case from them like this endeavour here. The vehicle was bought in Scotland.
Submitted: 7 months ago.
Category: Law
Expert:  chatham-chamber replied 7 months ago.

Hi, did you purchase the vehicle from a dealer or a private individual?

Customer: replied 7 months ago.
It was purchased from a dealer by debitcatd
Expert:  chatham-chamber replied 7 months ago.

Hi,

I have just noticed that you are purchased the vehicle in Scotland. This means the law may be slightly different. I will have to opt-out and leave for another expert. I can provide advice on UK law.

Customer: replied 7 months ago.
Np thx
Expert:  JGM replied 7 months ago.

I am a Scots law expert and will help you with this. My English colleague can only give advice on English (not UK) law matters. The position is that you can sue a motor trader under the Sale of Goods Act for goods of unsatisfactory quality, such as where a vehicle breaks down after only a few days. You can also sue for misrepresentation given that you were told that the vehicle was in good condition. I assume it was not and the fault was not a minor one. The way you go about doing this is in the small claim court in the sheriff court and you as a consumer can use either the court nearest to you or the one nearest to the dealer. Yin an get the forms and the detailed rules for a small claim action at www.scotcourts.gov.uk. You would sue for the price of the vehicle as well as any damages for inconvenience. You can also ask the court to contribute to your costs of taking the action, usually to a maximum of £150. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 7 months ago.
Hi
Thank you for your reply. I bought the vehicle on the 17/10/2015, where as the Sale of goods Act was replaced with the consumer rights act. there is some slight difference in the two I think.What you could help with me with is pointing me in the right direction on acquiring some help on forwarding the matter, someone who could help me prepare a small claims package as this will surely go to court. I am sitting with a lying, stubborn dealer who but ignored all my letters and phonecalls. Would you know off anyone in the Scottish region who I could contact to take this further on my behalf. Googleing just brings me up with loads of PPI lawyers and not specific an establishment that can assist with sall claims, and that over the telephone or by mail as I live in england.Also, under Scottish Law, would I be able to also claim for any costs involved with pushing this matter further if i win ? If you could furnish me with such information I would gladly leave a good positive feedback rating.Regards
Expert:  JGM replied 7 months ago.

Thanks for responding. If you bought the car after the commencement of the 2015 Act then the relevant sections of that Act would be 9, 10 and 11. As regards ***** ***** on JustAnswer are not allowed to recommend specific lawyers to take on cases but if you go to the Law Society of Scotland website there is a Find a Solicitor tool which will help you locate a suitable lawyer in the area of the sheriff court having jurisdiction over the dealer. Your claim will be a small claim case and therefore expenses are restricted to £150.

JGM, Solicitor
Category: Law
Satisfied Customers: 10259
Experience: 30 years as a practising solicitor.
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