Oh FFS! Buyer of my car issued court summons!

Oh FFS! Buyer of my car issued court summons!

Author
Discussion

Grenoble

50,784 posts

156 months

Monday 19th November 2012
quotequote all
JonnyFive said:
If no one sold via. PayPal.. Buyers wouldn't have anything to send money for.

PayPal are just a bunch of s.
Paypal, who are owned by?

RRH

Original Poster:

562 posts

248 months

Monday 19th November 2012
quotequote all
I'll give the mediator a call in the morning and check progress, either he's taking his time to decide or we're going to court as it's been listed for January.

Bloody waste of everybody's time- could one of our lurking legal people indicate what I can claim in costs please- understand its rather limited in small claims?

Thanks muchly as always thumbup

evil len

4,398 posts

270 months

Monday 19th November 2012
quotequote all
Just found this thread, have nothing to add of value other than "oh wow, what a complete and utter bellend, and what an utter pain for you to have to go through !". Really sorry fella, feel for you ...

RRH

Original Poster:

562 posts

248 months

Monday 19th November 2012
quotequote all
It is what it is, pal. A waste of everyones time. Had some great advice, and support, from PH though smile

johnfm

13,668 posts

251 months

Monday 19th November 2012
quotequote all
He the feck has a private car sale like this got to court?

On what basis is he bringing a claim?

Sale of Goods Act?


Jasandjules

70,012 posts

230 months

Monday 19th November 2012
quotequote all
johnfm said:
Sale of Goods Act?
Misrepresentation act.

johnfm

13,668 posts

251 months

Monday 19th November 2012
quotequote all
What a terrible waste of the courts service.

BertBert

19,120 posts

212 months

Monday 19th November 2012
quotequote all
simoid said:
So you reckon it's mathematically impossible to study a single person? silly
It's statistically impossible to use a sample size of 1 to do inference.

Demographic is the wrong term to use. Demographics is the statistical characteristics of a population. A demographic is one statistical characteristic of a population. The poster wanted to know what the person was like. Nothing to do with statistics at all.

Irrelevant to the thread, but pedantic fun/twaddle nevertheless.

Bert

singlecoil

33,903 posts

247 months

Monday 19th November 2012
quotequote all
johnfm said:
What a terrible waste of the courts service.
I don't know that it is. From the POV of the chap bringing the case, he feels aggrieved and wants his day in court. Now he may well be an idiot but he is still entitled to be heard. If there really is no case to answer then the judge will tell him that, and the waste of time will be a bare minimum.

Andy_GSA

518 posts

183 months

Tuesday 20th November 2012
quotequote all
RRH said:
I'll give the mediator a call in the morning and check progress, either he's taking his time to decide or we're going to court as it's been listed for January.

Bloody waste of everybody's time- could one of our lurking legal people indicate what I can claim in costs please- understand its rather limited in small claims?

Thanks muchly as always thumbup
Small claims costs, if you successfully defended the claim, would normally be limited to your own 'witness expenses' - travel, parking etc. Loss of earnings for the day of the trial or loss a day's holiday is limited to £90. Legal costs as such would need to be ordered by the court and would normally not be awarded unless the claimant's actions were deemed unreasonable. There is no specific definition of unreasonable behaviour but simply bringing a claim which is successfully defended would not usually be taken as being unreasonable in itself, nor would failing to engage in mediation.

If a court did find you were entitled to an order for costs on the basis of unreasonable behaviour by the claimant you would be limited to either the actual financial loss you could prove you had suffered (e.g. loss of earnings) or if no loss could be proven costs at the litigant in person hourly rate, currently £18 per hour. This would be subject to summary assessment at the hearing - you would need to be able to show the Judge that the time you had spent on each activity was reasonable (e.g. letters, phone calls, collating documents for evidence) and that it was reasonable to carry out that activity in the first case.


Lurking Lawyer

4,534 posts

226 months

Tuesday 20th November 2012
quotequote all
RRH said:
I'll give the mediator a call in the morning and check progress, either he's taking his time to decide or we're going to court as it's been listed for January.
What form did the "mediation" take place? The small claims one I did recently was done and dusted within the space of an hour. The mediator just phoned one party, then the other, then back to the first and so on until agreement was reached.

He won't "decide" anything - that isn't what a mediator does. They try to facilitate an agreement between the parties, not decide who they think it right and impose a decision.


anonymous-user

55 months

Tuesday 20th November 2012
quotequote all
You haven't mediated with Michel Kallipetis QC then!

He's actually a star - he makes a deal happen by leaning on whichever side is being the most silly, but, being the best in town, he only does big ticket cases, of course.

RRH

Original Poster:

562 posts

248 months

Tuesday 20th November 2012
quotequote all
I phoned the moderator, explained my position- and the circumstances.
The moderator said they'd contact the other party and that was the last I heard.
I made a call to them this morning, but there were no further notes on the file and the lady I spoke to wasn't in the office today.

Lurking Lawyer

4,534 posts

226 months

Tuesday 20th November 2012
quotequote all
Breadvan72 said:
You haven't mediated with Michel Kallipetis QC then!

He's actually a star - he makes a deal happen by leaning on whichever side is being the most silly, but, being the best in town, he only does big ticket cases, of course.
I meant in the context of telephone small claims mediations, Mr B.

I know that "real" mediations with a heavyweight mediator tend to work rather differently! wink

anonymous-user

55 months

Tuesday 20th November 2012
quotequote all
Yay that. Michel has lost some weight recently, BTW. I think he gave it all to me.

gaz1234

5,233 posts

220 months

Tuesday 20th November 2012
quotequote all
whack the buyers details on here smile

Grenoble

50,784 posts

156 months

Tuesday 20th November 2012
quotequote all
gaz1234 said:
whack the buyers details on here smile
I think name &shame plus the harassment rules might kick in.

Once completed, we could ask the OP to link to the court case?

RRH

Original Poster:

562 posts

248 months

Tuesday 20th November 2012
quotequote all
No, sorry, not my thing.

rasto

2,190 posts

238 months

Tuesday 20th November 2012
quotequote all
What would be interesting would be if the idiot turned up on here having found this thread via Google.

agtlaw

6,756 posts

207 months

Wednesday 21st November 2012
quotequote all
RRH said:
No, sorry, not my thing.
Small claims judgments are not available online.