Oh FFS! Buyer of my car issued court summons!

[RRH]

agtlaw said:

Small claims judgments are not available online.

?

[Grenoble]

RRH said:

agtlaw said:

Small claims judgments are not available online.

?

I think he was quoting against my comment - that whilst you wouldn't name and shame, even if you wanted to post a link to the judgement once completed, you couldn't, as they are not available online.

[RRH]

Ah, right, got all confused

[anonymous-user]

Any update?

[RRH]

Not a word. Called the mediator last week, they said they'd call me back but didn't. Assuming there's no news and we're going to court - providing the fee is with the court by, I think, 19/12

[RRH]

I spoke to the mediators office again on Friday. Seems they've 'explained' the situation to the claimant and he's gone away to think about it.

At this point we're still going to court.

[blueg33]

RRH said:

I spoke to the mediators office again on Friday. Seems they've 'explained' the situation to the claimant and he's gone away to think about it.

At this point we're still going to court.

I bet he pulls out

[Scuffers]

blueg33 said:

RRH said:

I spoke to the mediators office again on Friday. Seems they've 'explained' the situation to the claimant and he's gone away to think about it.

At this point we're still going to court.

I bet he pulls out

+1

at which point, send him a bill for your time/harassment

[Grenoble]

Scuffers said:

+1

at which point, send him a bill for your time/harassment

Yeah, right. He's following a court process. Once. Whilst we might collectively agree the other party is wasting their time, I hardly see it as harassment. If he done it multiple times, then maybe.

[davepoth]

Grenoble said:

Scuffers said:

+1

at which point, send him a bill for your time/harassment

Yeah, right. He's following a court process. Once. Whilst we might collectively agree the other party is wasting their time, I hardly see it as harassment. If he done it multiple times, then maybe.

OP can claim costs for his time IIRC, not sure if that holds true if it doesn't get as far as court though. Sounds like the mediator thinks he's taking the piss too, TBH.

[Scuffers]

not so sure, 3+ months worth of hassle...

[Grenoble]

Scuffers said:

not so sure, 3+ months worth of hassle...

A large chunk of which sounds like the court process time, not the complainant....

[anonymous-user]

Costs are rarely awarded in Small Claims cases, but, when they are, a litigant in person can claim a modest hourly rate. There is no compensation for general hassle, I'm afraid.

[matchmaker]

Breadvan72 said:

Costs are rarely awarded in Small Claims cases, but, when they are, a litigant in person can claim a modest hourly rate. There is no compensation for general hassle, I'm afraid.

A bit of a peculiarity in Small Claims in Scotland - in actions for under £200 normally no expenses are awarded in defended cases. So if X sues Y for £199 and the action is not defended expenses are awarded. If however Y defends and it goes to court no expenses are awarded. There are exceptions, but it's a general rule.

[shep1001]

Breadvan72 said:

Costs are rarely awarded in Small Claims cases, but, when they are, a litigant in person can claim a modest hourly rate. There is no compensation for general hassle, I'm afraid.

How about if you needed to travel a significant distance and stay away overnight due or had to take time off work?

[anonymous-user]

Modest expenses could be claimed. A defendant can usually have a claim heard in a local court (if not closed by cuts).

[singlecoil]

Breadvan72 said:

Modest expenses could be claimed. A defendant can usually have a claim heard in a local court (if not closed by cuts).

Only if the defendant is an individual, of course.

[anonymous-user]

Yup.

[anonymous-user]

hora said:

This is going to court?!

Not necessarily. We live in hope.

[anonymous-user]

madmover said:

Hopefully you have good documentation of the sale as this is crucial especially in a court of law. I

....


if it does reach court your the one who will be made to feel like you have to prove yourself innocent and documentation is going to prove key I think.

...

The OP does: see above.

As for any court hearing, it will be for the claimant to prove his case.