Legal advice - NEW DEVELOPMENTS - Further Update!

[Marf]

Shouldnt be an issue. If you want it confirmed speak to the CAB

http://www.cas.org.uk/

[Super_red]

I was once trying to pursue a small claim against someone in Scotland for a bodykit that arrived compleatly different to described. The only thing I learned is that small claims are one of the things where scotish law is different to English law (in the favour of the Scots to my disadvantage).

Please get advice from your local legal body as english law is not going to be accurate for you.

[excalibur1814]

Any news?

[sam1176uk]

Nothing since i sent back my request for the case to be moved to Scotland, will let you know as soon as i hear anything!

[sam1176uk]

Further developments today:

Received a letter today enclosing a “General Form of Judgement or Order” which says:
IT IS ORDERED THAT
List for Case Management Conference to consider:-
(a) Appropriate court
(b) Expert evidence
Dated 21st July

Also enclosed was a “Notice of Case Management Conference” which says:
TAKE NOTICE that the Case Management Conference will take place on
28th September 2011 at 11.30am
At Warwick County Court etc etc
When you should attend
20min has been allowed for the Case Management Conference

Does anyone know what this means, has the case been allocated to Warwick despite my request for it to be moved somewhere closer than 300+ miles away, or is this to decide where it will be held? Not very clear to me.
Am i to drive a 700 mile round trip for 20min??

[uglee]

I'm fascinated that it's English law procedures been imposed on a resident of Scotland.

I know it certainly doesn't work the other way from experience.

This guy obviously isn't going to give up. Go get an initial consulatation with a solicitor and if it's as cut and dry as it appears. They'll be more than happy to take it on and recover costs from the party taking the action.

[sam1176uk]

Will it cost me to have a consultation with a solicitor?

[g.lewarne]

Will it cost me to have a consultation with a solicitor?

most companies offer at least the first consultation for free

[sam1176uk]

I'm fascinated that it's English law procedures been imposed on a resident of Scotland.

I know it certainly doesn't work the other way from experience.

This guy obviously isn't going to give up. Go get an initial consulatation with a solicitor and if it's as cut and dry as it appears. They'll be more than happy to take it on and recover costs from the party taking the action.

Plus correct me if i'm wrong but i believe you cant recover costs in a small claims court?
So this could cost me 700+miles of petrol, a day off work, the possible cost of a solicitor and the inconvenience all for a frivelous claim??

[uglee]

Yep potentially. The claimant will probably be banking on this to scare you out of the money.

Personally I'd challenge it on principle and play his bluff. Yes it's an inconvenience and would cost money but I wouldn't let someone try this on with me on a private sale of a car.

Please speak to a solicitor on a free consult. I can guarantee everything will seem much clearer after that and you can make a much more informed decision.
Nothing worse than hearing 'my mates had this.........' stories on various forums that simply muddy the water.

[vmaxnick]

Just an aside; as the defendant in this case, you aren't obliged to disclose what you will use in your own defence, whereas the claimant is. As the claimant is now an MR2 owner, is it not feasible (although unlikely) that he could have access to this forum and what is being discussed? If so, you are keeping him one step ahead of the game with all you are disclosing here!
He clearly wants his day in court! Get yourself a good brief ASAP!

[JeffD]

Am I right in thinking you live in scotland and the sale took place in scotland? If thats the case then its outside the jurisdiction of the english county courts - Id just write a letter/phone them to them explaining this (the court that is) and ask them to have it dismissed.

[sam1176uk]

Am I right in thinking you live in scotland and the sale took place in scotland? If thats the case then its outside the jurisdiction of the english county courts - Id just write a letter/phone them to them explaining this (the court that is) and ask them to have it dismissed.

This is what I have done, cheers.

[JeffD]

I'm surprised the court even allowed it to get that far?!

[sam1176uk]

So am I lol!

[JeffD]

Sorry, are you saying youve just done that now or you have already done it and they are pressing ahead anyway? (just a bit confused)

[sam1176uk]

I did it already but have done it again just to reiterate!

[JeffD]

Ah right - when you use the county court online its one of the things it asks you to confirm ie. that its only england or wales. doh!

[Hedgehog Dodger]

Oh dear.

I cant beleive the cheek of some people. Anyway if they do insist on you travelling to Warick then you should tell them that when the case is dismissed in your favour, which it will be, you want to be reimbursed with fuel, time off work and the stress it is causing you.


Just a thought

[wlsmith]

the word "willy" comes to mind for this persons behaviour, you have done absolutely nothing wrong Sam. I Work in the motortrade for a main dealer and like everyone else has said a private sale gives the buyer no rights what so ever.. it is up to them to ask the necessary questions, drive the car etc.. if the car was sold through a dealership then the buyer would have rights... this person is just a xxxx who is trying it on and just wants his brakes etc sorted because he has had the car stored for a few months, has seized the brakes and doesnt want to pay for them!, Also surely if it was decated at time of sale if he did his research he would know a V plated car would need a cat to pass its MOT?.. Stand your ground you have nothing to worry about, let this guy waste his money!