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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16869
Experience:  30 years as a practising solicitor.
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Tomorrow I have a hearing for a Simple Procedure I filed

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Hey! Tomorrow I have a hearing for a Simple Procedure I filed against a salesman who sold me a malfunctioning car. Just wanted to have some tips on the case: How should I phrase things, what should I emphasise, etc. Thanks in advance :)
JA: Where are you? It matters because laws vary by location.
Customer: Scotland, nearby Glasgow
JA: What steps have you taken so far?
Customer: Filed a Simple Procedure and got hold of the salesman through the sheriff. The hearing is tomorrow.
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 bought a car from auto trader, it was delivered from Yorkshire. I wanted to withdraw from the deal few hours after I agreed on the sale, but the car was forced on me. The car was delivered in a poor state, few flaws like rust on the body were hidden from me. But most importantly the car broke down during the test drive. As soon as the salesman heard it, he hang up and never picked up again.
Customer: replied 13 days ago.
Please feel free to ask if you require any further information.
Customer: replied 13 days ago.
Oh yes, and my case is regarding getting back the deposit of 670 pounds (10% of the total amount). That's what the Simple Procedure is about.

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Was this a private sale or are you suing a motor trader? Where is the car now?

Customer: replied 13 days ago.
The case is against a motor trader.Since the car was in a poor state I've sent it back with the same delivery guy who brought it. The delivery guy was also quite astonished about the state of the car and in general talked negatively about the salesman. I never paid the full amount, never signed any papers.

Thanks. I think all you have to do is highlight that the car was not as described as it should have been under the sale of goods legislation. If this is a first hearing in the case the sheriff has a duty to see if a settlement can be made but this is an all or nothing situation as you rejected the car because of its poor condition. If you have a copy of the original advert for the car you should see if you can email this to the court: I presume the hearing is online. If the sheriff can’t resolve things at an initial hearing then a full hearing will take place and any witnesses of other evidence you think might be helpful can be used. The driver who brought the car would be useful but you may not be able to get hold of him. You can tell the sheriff what the driver said, however: hearsay evidence is admissible in a civil case and if there is no corroborating evidence that is not absolutely needed either.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

Customer: replied 13 days ago.
Right. I've attached the initial ad to the case. As well as some pictures and videos (the rear of the car was releasing smoke for about 10-15 minutes). What could be the reason though for the sheriff not to resolve things at an initial hearing? Are there any particular laws I should refer to?I've read up in the internet an article by a solicitor that stated that the deposit is due to a full refund in case I have never seen the car and it was delivered to me. But I'm not sure if that's a real thing and if there's any reference to this in the law.
Customer: replied 13 days ago.
Reread your answer again. Seems the case should be pretty straight forward. Just to emphasise one more time that we're talking about the 10% deposit, not the full amount that I'd like to get back. The last follow up question, to shorten my previous message: Are there any laws I should refer to or should I rely on the sheriff here?

The sheriff will ask the other side if there is anything is any contract that allows them to keep the deposit. There won’t be. You won’t need to quote laws. The sheriff knows them. This is a simple consumer dispute.

JGM and 3 other Scots Law Specialists are ready to help you
Customer: replied 13 days ago.
Ok, thanks very much for your help and time then. Have a great summer ahead :)