Ask a Law Question, Get an Answer ASAP!
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.
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.