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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12180
Experience:  30 years as a practising solicitor.
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I bought a car from Ian Grieve Subaru dealers in Falkirk in

Customer Question

I bought a car from Ian Grieve Subaru dealers in Falkirk in October last year.
I have had major engine problems, and neither warranty company or Ian Grieve will honor the warranty as an after market Air Box has been fitted.
This was on the car and I was not made aware of it when I bought the car.
By the time all costs are added up it will have cost me in excess of £6,000 plus I have been without the car for approximately 110 days since buying.
I am obviously interested in recouping costs, plus I feel I am entitled to compensation for inconvenience.
Regards: Robert C Gunn.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
I had a case just like this a month or so ago in Edinburgh. The dealer can't avoid liability under the warranty nor indeed under the sale of goods legislation as they sold you the car with the after market fitting on it.
My case involved the dealer trying to get out of a bodywork warranty on the basis that the car had been resprayed but it was resprayed when my client bought the car from the dealer. Your case is exactly the same. I sued the dealer and they immediately settled the case, implemented the warranty and did the work.
You may wish to consider a similar approach.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Thank you, ***** ***** is encouraging.

Have you an opinion or advice on the issue of compensation.

Best regards: Robert C Gunn.

Expert:  JGM replied 3 years ago.
You are entitled to the costs of repair along with vouched out of pocket expenses directly relating to the breach and an element of compensation for inconvenience for not having the vehicle. This is a subjective issue but £20-£30 per day would be reasonable.