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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10253
Experience:  30 years as a practising solicitor.
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I have made a statement about extremely poor customer

Customer Question

i have made a statement about extremely poor customer service, where can I check that the statement on social media that I made cannot be held for defamation? this is the staement

PLEASE stay away from this complete an utter disgusting service, bought a car with 1 month warranty, Car broke down less than 48 hours past this. Was told by Terry that it's normal for a 10 year old car. "out of all the cars we sell, 1 in 20 have a problem" Didn't fully know the sale of goods act (went online and checked what he said) and would only "knock off" some of the price to repair car. Asked how it would pass an M.O.T. ? with this type of problem. "we wouldn't check for this fault" Didn't even have the decency to say sorry or look me in the eye. When we went for the car was told it was in the other lock up. A bit of road in front of someone's house. My Family are completely in shock over this as we scrapped together the money for this car. This service is like the guy who tries to sell you stuff in the pub at the weekend

I have since taken statement down it was on a review site and part of it was on my facebook page both of which have been taken down after approx. 25 days

Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
You comment appears to be fairly factual and if it is true it can't be said to be defamatory.
You might want to take the bit about the guy in the pub out but apart from that K would be for worrying about this being defamatory.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10253
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.

thank you for your reply. I received a nasty letter calling my review evil and untrue. Also threating me with deformation. My family and I can't afford this, we still can't afford the car to be repaired. But at least this has laid aside most of my fears.

Expert:  JGM replied 1 year ago.
Thank you for your answer. I really don't think you should be intimate by this as the car doesn't work and there's nothing "evil or untrue" about what you've posted. You might want to think about whether you could trade the removal of the review with them actually repairing the car and giving you some better customer service. You have a warranty and rights under the Sale of Goods Act for the car to be of satisfactory quality. You can insist on your money back if they aren't willing or able to repair the car. It is important that you understand that the Sale of Goods Act DOES apply to a second hand car bought from a motor trader and you can reject the car.
Customer: replied 1 year ago.

We downloaded a letter from the which website which stated "goods be as described of satisfactory quality and fit for purpose and that you are in breach of contract, and I entitled to have the car repaired at no cost to myself. We gave them 7 days to reply.

but the reply letter the trader sent us had this retort. s.o.g act States that the car must be fit for purpose at time of sale and did not have a broken clutch as stated in your letter.- we said it had a broken flywheel, their own garage told us this.- furthermore you never have been able to drive the car for over a month if this was the case. The clutch is a serviceable item and is such is subject to wear and tear. You were given a months warranty and we did not hear from you within the warranty period regarding any issues with the vehicle so can only deduce that the issue was not present at the time of sale or during the month after purchase. With regard to the sale of goods act the age mileage and price are all taken into account. We were disappointed to note that you felt the need to put up an evil and completely untrue review about the company on a social media forum,despite the fact,even though the car was out of warranty, our workshop offered to waive the charge for labour and all you had to do was pay for parts. - they didn't they told me it was an all day job- this is what scared my wife to tears - we are looking in to the matter of defamation with a view to taking legal action against you. In view of this, we will forward any future correspondence from you to our solicitor . I trust the above clarifies our position ...- so I think that if we try to return the car that they will try to take me to court to get out of taking the car back...solici

Expert:  JGM replied 1 year ago.
The fact that the clutch broke during the period is indict stove that it was worn and not of satisfactory quality. Dealers try this on all the time but they are wrong to do so. Survivable items should be serviceable at the date of sale and not liable to fail with such a short period.

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