Ask a Scots Law Question, Get an Answer ASAP!
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?
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.
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.