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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75983
Experience:  Qualified Solicitor
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My car is under warranty & has a fault.The blower motor

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My car is under warranty & has a fault.The blower motor resister needs replaced.Until this is fixed I can’t drive the car as I can’t clear the windscreen to see out.The closest dealership to me is an hour on a ferry then*****It’s too dangerous to drive & also illegal.The dealership say it has to be in their garage to get sorted.I’m wanting to take it into my local garage (2 mins away) to get sorted then Vauxhall pay the bill of roughly £260,but they won’t do this.
JA: Where are you? It matters because laws vary by location.
Customer: Scotland
JA: What steps have you taken so far?
Customer: I have spoken with the dealership who gave me a number for customer help.I phoned them who opened up a case but came back saying I either use roadside assistance (which I don’t have) or I pay to have my car to be picked up on a tow truck & taken in.I live on an island so this involves the tow truck having to come over on the ferry to collect my car then go back on the ferry.Might not happen in the one day as getting booked on our ferry can be very difficult so it could involve the driver having to stay overnight? I said this is not something I can afford to do as it would be cheaper just to pay a local garage to fix,so my case has been closed.My car has done less than 6000 miles.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have now put my car into my local garage to fix for me as I have not been able to use it for weeks now & I need it.I will pay the bill but I’m hoping Vauxhall will refund?

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Can I just check when exactly you bought the car?

Customer: replied 8 days ago.
17th June 2019

OK I understand and thank you for providing this information. Please leave it with me and I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about this situation and any associated issues.

If you are using the warranty to carry out the repairs, that would be conditional on the terms of that policy and if it means that you have to bring the car in to them for repairs, you would be responsible for doing so. They are not obliged to allow you to repair it locally and then compensate you for the work. Unfortunately, a warranty does not always cover every single expense that you incur in getting a problem fixed and there would be conditions attached to it, which you would have to comply with. You have to appreciate that a warranty is not a legal right and it is just an optional benefit provided by the manufacturer, which means it will also be conditional on the terms that it is offered under.

If you had to fix the car locally, you could still ask for a contribution to these repair costs, but it will unlikely be the full amount. If they refuse, you could consider looking at a formal claim against them.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can potentially do so by making a court claim. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before claim – if informal reminders have been sent but have been ignored, the other party should be sent a formal ‘letter before claim’ asking them to resolve this amicably within a specified period of time – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for the money that is owed. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. If the letter before claim is also ignored, formal legal proceedings can be initiated.

For claims below £5,000 the Simple Procedure can be used. Please see here for further details:

https://www.scotcourts.gov.uk/taking-action/simple-procedure

For claims above £5,000, or more complex matters, the claim should be pursued through the Ordinary Cause. Please see here for further details:

https://www.scotcourts.gov.uk/taking-action/ordinary-cause

Once you hear back from the court, you will send the details of the claim to the debtor, who will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the debtor that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial payment of the amount sought in the claim.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Customer: replied 8 days ago.
Sorry,no things haven’t been resolved, I couldn’t reply earlier as had to go to work.
The car was purchased on 17th June 2019
Customer: replied 8 days ago.
I have just read your response.Thankyou for your help

You are most welcome. If you have any further questions
about this, please do not hesitate to get back to me and I will be happy to
help. All the best

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