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John
John, Solicitor
Category: Law
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Experience:  10 years legal experience
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On the 12th of December 2019 I bough a second hand car (Mini

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Hi Pearl, On the 12th of December 2019 I bough a second hand car (Mini Cooper) from Motorchoice Edinburgh (***** ***** Motorchoice).
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: UK, Scotland - Edinburgh
JA: What steps have you taken so far?
Customer: Contacted the dealer to inform them of the fault in March 2020, due to Covid-19 lockdown they had their office closed and couldn't service my car yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The car had a fault 3 months after I bought it - car bought in December 2019 - faulty in March 2020. I've informed the car dealer about this issue on the 23rd of March and they've booked an appointment which was later cancelled due to Covid-19 lockdown. I had a diagnose performed at Eastern Mini branch in Edinburgh and I left a copy at Motorchoice office with the results - the issue is not due to wear and tear. Now they've reopened their office and I'm trying to book a new appointment to have my car repaired. Is not almost 6 months since I bought the car. Considering that I've informed them on the issue 3 months ago and that I haven't been driving the car for more than few miles since the lockdown are they still responsible to repair and cover the cost or replace the car if needed ?

Hello, I’m a solicitor and I’m happy to help with your question today. There may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. Please bear with me if I need to ask you some clarifying questions. Thank you.

John and other Law Specialists are ready to help you
Customer: replied 1 year ago.
sure, thank you for helping

Hello following the phone call please see advice as follows.

You have the right to get a full refund, repair or replacement if what you bought isn't of a satisfactory quality, fit for purpose or as described. If you find a fault with within 6 months, it's assumed the fault was there when you bought it. You must give them a chance to either repair or replace your item. They must fix it, replace it or give you a full refund.

If they refuse, what you need to do is write them a formal “Letter Before Action”. In this letter you will need to state the amount you are seeking to recover and the reasons why. You will also need to give them a deadline to raise the payment by, usually it is 14 days in which to receive payment.

If payment is not received, then you will need to issue a claim against them here https://www.scotcourts.gov.uk/taking-action/civil-online-gateway/welcome2 Alternatively, you can download and complete the Claim Form (Form 3A). You should then print it and either post it or take it to the sheriff court that should deal with your claim.

From what you have stated it is likely judgement will be granted in your favour and you will recover your money back. If they don’t pay after judgement has been awarded, it means you can then take steps through the court to enforce it against them.