Ask a Scots Law Question, Get an Answer ASAP!
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
How long after buying it, did it develop a fault?
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. 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. If you bought it 6 years ago, then it would have been the Sale of Goods Act 1979 which applies (it has since been replaced by the Consumer Rights Act 2015). Also, you are correct that the limitation for claiming under the legislation is 5 years in Scotland, which means that if the purchase was more than 5 years ago, you are now unfortunately out of time to make a claim against the dealer. It means that any right of redress is now entirely down to the seller and whether they exercise their discretion to assist you.
I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?
Afraid so. This is a consumer rights issue, not a common law matter. Unfortunately issues like that do happen, even though they are rare, and the law considers that the time limit issued by law is sufficient for any serious issues to come to light. One cannot expect retailers to have indefinite liability for issues with their products, hence the time limits are introduced by law. It is just unfortunate timing in your case.