XJ8 small claims shambles
Discussion
I get a legal newsletter in my inbox every day and after my usual quick scan of the headlines, one story tickled me today.
https://www.scottishlegal.com/articles/inverness-s...
TLDR: English buyer buys Jaguar XJ8 at online auction from a private seller in Inverness, isn't happy with the car so raises small claim, represents himself in court, gets his law completely wrong and gets sent home with his tail between his legs. For bonus points, the car was transferred to his private company and he still tried to claim maintenance costs in his personal name.
Go on then, own up, who was it?!
https://www.scottishlegal.com/articles/inverness-s...
TLDR: English buyer buys Jaguar XJ8 at online auction from a private seller in Inverness, isn't happy with the car so raises small claim, represents himself in court, gets his law completely wrong and gets sent home with his tail between his legs. For bonus points, the car was transferred to his private company and he still tried to claim maintenance costs in his personal name.
Go on then, own up, who was it?!
Imagine buying a 24yr old car then complaining to that extent that you try to take someone to court about it pulling slightly and some rust.
Edit is this it?
https://www.carandclassic.com/auctions/1999-jaguar...
Edit is this it?
https://www.carandclassic.com/auctions/1999-jaguar...
Doesn't seem like it cost anything (apart from an initial fee, like in England, I guess) to take the action.
It's worth a punt as often these cases aren't defended so the claimant wins by default. Even if it is defended the outcome in English cases seems almost random.
I'm sure there was one on here where a PHer selling an older car to a guy in Scotland got sued and the PHer lost.
It's worth a punt as often these cases aren't defended so the claimant wins by default. Even if it is defended the outcome in English cases seems almost random.
I'm sure there was one on here where a PHer selling an older car to a guy in Scotland got sued and the PHer lost.
Richard Town must be a fully paid up, card carrying member of the Bar-Stool Barristers Association whose natural habitats are sat on bar-stools in public houses, drinking lager whilst giving out free legal advice. We’ve all seen them.
From reading the link, his case had more holes in it than a chunk of Edam and he was foolish for even running it. He’d also not helped himself by quoting the law at the Sheriff, albeit incorrectly. The DJ / Sheriff’s on the small claims track do not expect a LIP to know, or understand the law. That’s what they are there for.
A LIP quoting the law to a Judge, wild and incorrectly, will not end well for the claimant…
From reading the link, his case had more holes in it than a chunk of Edam and he was foolish for even running it. He’d also not helped himself by quoting the law at the Sheriff, albeit incorrectly. The DJ / Sheriff’s on the small claims track do not expect a LIP to know, or understand the law. That’s what they are there for.
A LIP quoting the law to a Judge, wild and incorrectly, will not end well for the claimant…
Edited by ADJimbo on Saturday 9th August 10:01
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