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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11757
Experience:  30 years as a practising solicitor.
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I bought a van 26th of April 2014 which on the 27th of July

Customer Question

I bought a van 26th of April 2014 which on the 27th of July 2014 suffered major mechanical breakdown. I have reviewed the paper work which i was given, for the first point the MOT was carried out on the 11th of Nov 2013 and was not re-MOT when sold to me nor has the service book got any record of previous services being completed. I am not sure where to go from here. Who do I contact?, Are they at fault?, what is my next steps in taking it further?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
If you purchased from a commercial dealer, as opposed to a private individual, then you have rights under the Sale of Goods Act 1979. Under that Act it is implied that the vehicle, when sold to you, is of satisfactory quality. If it is not, and the failure is material then you have the right to reject the vehicle and claim your money back as well as any other expenses incurred as a direct result.
So you can reject the vehicle now and insist that they collect it, provided that it is established that the fault was inherent in the vehicle when you purchased it as has not happened as a result of your period of ownership.
For that reason I always recommend in these circumstances that you have a mechanism of your own choice inspect the vehicle before you hand it over to those you purchased it from so that you are quite clear what the problem is beforehand.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.
They are unwilling to come and collect the vehicle and state that I have to get it through to them. Who do I contact if I want to take the matter further ?
Expert:  JGM replied 3 years ago.
There is no one to contact as such although you could complain to trading standards.
Your remedy is under the Sale of Goods Act and if they don't take the vehicle back you would have to take them to court to assert your rights there.