How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 70220
Experience:  Qualified Solicitor
Type Your Scots Law Question Here...
Ben Jones is online now

I purchased a car, 10 minutes away from the showroom the car

This answer was rated:

HiI purchased a car, 10 minutes away from the showroom the car developed an overheating problem.I contacted them straight away, after immediately pulling over to the side of the road, and they said they would attend with a recovery truck to lift the vehicle.A member of staff arrived and proceeded to drive the car back to the dealership, despite my warnings that it was overheating, thus causing irreparable damage to the vehicle.The dealership said initially the fault was cured and the car would be delivered to me, as well as offering me a two year warranty on the vehicle - so I believed them and sold my current car at the time.A few days later when the car was due to be delivered, no car arrived.On contacting the dealership I was told that the car cannot actually be repaired at all.I am now without a car of my own, out of pocket for my travel to Glasgow from Belfast (dealership promised to refund this and my deposit) and left with no car at all.I believe all this was caused by an irresponsible drive back to the dealership which turned a simple overheating fault into an irreparable issue with the engine.I would've expected it to be repaired.Communication with the dealership has been woeful with my constantly chasing them for updates etc.There has been no responsibility taken or apology offered for what happened.David
JA: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: Northern Ireland / Scotland
JA: What steps have you taken so far?
Customer: contacted dealeship
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

Was it new or used?

How old was it?

What state are in?

Customer: replied 1 year ago.
I'm in the UK
Customer: replied 1 year ago.
It was used

I will pass you on

You have come through to Australian law

Customer: replied 1 year ago.
seen that lol
Customer: replied 1 year ago.
Customer: replied 1 year ago.

Hi there I am a UK lawyer and can assist with this. When exactly did you buy the car?

Customer: replied 1 year ago.
17th AprilI've been trying to sort out with them since
Customer: replied 1 year ago.
It's been very stressful!

Thank you so I presume you simply want to know how to get your money back?

Customer: replied 1 year ago.
Well they cancelled the credit agreement so thats ok but its more the car which took my a year to find has been destroyed basically by a member of their staff
Customer: replied 1 year ago.

ok so how much are you actually owed at present?

Customer: replied 1 year ago.
I would like the car repaired to a suitable standard at least and some compensation for the stress this has caused me and for selling my own ca as I was expecting to get a new one
Customer: replied 1 year ago.
They said they would refund my travel costs at £350 and I now have a fee for cancelling insurance which I'd bought for the car £40

Where are you and the seller based?

Customer: replied 1 year ago.
I'm based Belfast, car dealership is in Glasgow

Ok thanks. You cannot force them to repair the car. In the end, the law will just look to place you in the position you were in before this occurred. This means you can get a refund for any money paid or any direct expenses incurred because of this. I know this leaves you without the car you had worked hard to find, but the courts would not consider this and all they would look at is the financial side of things. Therefore, if you cannot get the car repaired you would need to settle for a refund of any fees paid and costs incurred. You would only have to worry about your next steps legally if they refuse to settle up and you have to pursue them for the money owed. That is when the courts become an option, although I would hope that it does not come to that.

Does this answer your query?

Customer: replied 1 year ago.
Thanks very much for the info, nothing for my stress or selling my own car?

Sadly not, it is a given that any legal situation will be stressful to a degree but you don't get extra compensation for that

Customer: replied 1 year ago.
Although t was stress and inconvience caused by Peter Vardy, nothing since.Also can I force them to repair the car?Thanks

No, unfortunately you cannot claim for this even if caused by them

You have the right to request that the car is repaired but cannot force them to do so - if they refuse you can then still reject it for a refund

Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 70220
Experience: Qualified Solicitor
Ben Jones and 2 other Scots Law Specialists are ready to help you