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RJM Law, Lawyer
Category: Scots Law
Satisfied Customers: 3776
Experience:  LL.B (Hons)
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I exchanged my old car (on finance) on 4th September from a

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Hi. I exchanged my old car (on finance) on 4th September from a city 62 miles from my own. The new car was faulty (engine fault light came up on way home). They agreed to fix it so i returned a week later. They didnt. Instead, they only turned the fault light off as on way home, once again, the warning light came up. I have had it looked from a garage tonight and there is so many things wrong with it! I was emabt to be going back tomorrow but its to dangerous to drive. Can i cancel my finance agreement ?
JA: Where are you? It matters because laws vary by location.
Customer: Dundee scotland
JA: What steps have you taken so far?
Customer: Asked them to fix it, returned they didnt, called my finance company twice, heard nothing, emailed the gatage asking if i come back through can i get a courtesy car until this is fixed, again no reply. Called zuto tonight to make a complaint and explain i wanted to cancel the agreement and i was thinking of getting a solicitor involved
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes my car i exchanged. The garage told me it was not worth the selling price but sold for over 2000 more than they got it for for me within a week so now i cannot get my old car back! There was nothing wrong with it i made a huge mistake. Just wanted a newer car as had the polo for 3 year

Hello, and thank you for choosing our service today.   I am the expert who shall assist you with this matter today.

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I will be able to provide you with guidance in relation to your question.  However please note this does not form a professional client relationship and we cannot provide representation, however, I would be hopeful that my guidance will be able to assist you.

Thank you

Customer: replied 13 days ago.
Ok thanks
Customer: replied 13 days ago.
No call

I am sorry to hear about this matter.  You can invoke your rights under the consumer rights act.  If a product or service is not correct or fit for purpose then you can ask for a refund within 14 days.  If you exceed this time limit the company are obliged to fix the matter by repair or replacement, if they are unable to do this they must provide you with a refund. You must allow them the opportunity to fix this in the first instance.  You require to do this within 6 months.  If you do it after 6 months but prior to 12 months you still have the same rights however the onus is then on you to show by way of evidence the issue was present at the time of purchase.  If you do these and the company does not adhere to their responsibility, you can pay for the issue to be fixed and claim this money back, or a full refund (not both) via legal action in the small claims process.

Prior to intimating small claim proceedings, you will require to send a letter to the respondent.  It is a simple letter stating that if they do remedy the matter as you have outlined (in the same letter), you will take legal action against them.  This is referred to as a. pre-action protocol letter.  You can complete the forms for a claims action easily online.  You will have to highlight what the issues are and tell them how much you are claiming for, to be honest the first are straight forward and self-explanatory.   If you feel you can do this yourself then you don’t really need to hire a solicitor, but I will provide details for you in case you feel you want to.  You will then receive a response to the claim and a court date.  On the day (unless they offer a settlement) you will appear at the local court and basically provide your evidence and give you claim to the judge, and they will response.  The judge will assess the merits of the claim and defence and make a judgement this should be relatively easy for you to prove so the respondent may well offer a settlement in the meantime.

I hope this information has helped.  You can find a local solicitor who deals with this on the law society webpage which is here;

If you require any help moving forward on this matter in the future, please do feel free to come back to us and I would be more than happy to assist.

Kindest Regards.

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