Desperate Help For A Solicitor In Scotland For Sale Of Goods Act For Car Purchase

HelenMiddlemas

Hi All,

I'm looking for a solicitor who specialises in the Sale of Goods Act for Car Purchase. I have already tried to fight the car dealer (major problem 20 weeks after car was purchased) and got no where. Trading Standards gave me wrong advice after the were handed the complaint from Consumer Helpline. I got OFT evidence and challenged them. They backed down and said I was correct, then he rang me back and said the law is based on a book by Cowan Ervine, so i wouldn't win as I am not a professional, basically I don't know what I am talking about, where as the dealer is a car mechanic.

CAB have been good since this, but I need someone with headed paper. there is also many other things. CAB think we were miss-sold the care due to not being given the full information about various points. There has been a replacement engine installed, but Log Book still says old engine number, and the replacement engine is presenting itself as an engine from a scrapyard according to other garages. Garages will not touch it as they know nothing about the engine. the replacement engine came with no details to even verify the mileage on it which he told us it had. He never gave us the new engine number. Even the receipt states the old engine number.

The car is an 08, currently sitting on SORN, can't go anywhere, and now because of all of this, has just ran out of MOT also. The car is on a personal loan, not credit. Was paid for by cash and debit card.

All of the information the CAB and Consumer Helpline is excellent, they have thought of far more things than we had even ever considered and built a case. But apparently they have taken advice from the local Trading Standards, the same ones that gave me the wrong information and deliberately directed me into the wrong direction.

need help please

Thanks

InsideInsurance

Almost all normal local solicitors will handle consumer/ contract disputes, the Law Society of Scotland will give you details of your local solicitors.

Be aware that many companies are not scared by headed paper or legalese letters and so make sure you dont throw good money after bad by paying for a solicitor.

I am by no means an expert of Scots Law but I believe the small claims processes of the Sheriffs Court are not that different to the small track in the english county courts and these are designed for non-legal people to use (and indeed solicitors fees are barred from being reclaimed). If the sums involved fit within the small claims limit you may be better off taking the court route than a solicitor.

HelenMiddlemas

Hi, thanks for the reply. I need someone who can take all of the information and put it into some official letter. This is a small garage. Not a large retailer. He has no idea about the law other than what the guy at TS told me which is totally wrong. need a solicitors letter first so I can get a reply to the solicitors from him.

unholyangel

The personal loan, was it specifically for the car or did you just ask for a loan and then spend it however you saw fit? The reason I ask is because you may be covered under section 75 of the consumer credit act if the loan was specifically for the car and not just a general loan.

As for TS, if they've since admitted they're wrong, why haven't they since went back to this guy and said so?

hollydays

This thing that you say the cab and trading standards have both got wrong, but you have got right, what is it?
You seem to be going round in circles. If the cab helped you, could they not guide you to construct the letter.then take that to the solicitor for advice.no one here can provide you with a letterhead.

spacey2012

First thing is to weigh up the odds.
If the dealer is a back street LTD company fly by night then your intended court action has very little chance of getting any money back as a LTD company can fold and set back up within the hour.
CCJ's are rarely paid and they just let them build up until they fold.

If we are talking a reputable dealer you may have some chance in enforcing in the sheriffs court.

I give this advice regularly and many ignore it, spend hundreds on court and still end up with no money.

It is a game in which you must size up the value of your opponent very carefully.

InsideInsurance

HelenMiddlemas wrote: »

Hi, thanks for the reply. I need someone who can take all of the information and put it into some official letter. This is a small garage. Not a large retailer. He has no idea about the law other than what the guy at TS told me which is totally wrong. need a solicitors letter first so I can get a reply to the solicitors from him.

How much is in dispute? Is it under the £3,000 limit of the small claims process of the Sheriffs Court?

A solicitors letter can be £200, if you get a reply then that can be another £100 for them to discuss that with you and what the response is best. Obviously if the best response is another letter that could be another £100.

If this is a small claims issue then all of that is dead money because total expenses are basically limited to 10% of the cost of the claim and that includes all your time off work to attend court, fees, expert reports etc

Obviously dont know the details of the issues but the very idea of the small claims is that its supposed to be done by normal people and if the defendant is also a small player he isnt going to have an army of lawyers either.