Private seller legal help please
Discussion
The Rookie said:
GT03ROB said:
Only on PH would an automotive engineer try & teach a barrister how to defend a simple case!! 
Love it!
And in parking cases I've seen expensive advocates lose badly..... Love it! The Rookie said:
In what way is it rubbish, too much does no harm, too little certainly does.......
When it comes to legals isn't the correct advice the most important thing? It's no good everyone giving the OP armchair legal advice if it is contradictory and could potentially undermine or worse still compromise what would otherwise be a strong, straightforward and unambiguous device?If a barrister says "you should do this", then I don't see how it helps for others to say "you could also try this".
The Rookie said:
In what way is it rubbish, too much does no harm, too little certainly does.......
You suggest wasting time banging on about pre claim stuff. In real life, courts rarely give a toss about that, and if they give a toss, they only do at the costs stage. You suggest "research" and "legal precedents". There is nothing to research and no need to cite any case. Turning up with a bundle of case law in a case like this one would be a good way to p
s off the judge. You suggest delaying the defence. That achieves nothing except delay.
You appear to regard yourself as some sort of expert on litigation on the basis of having done some parking cases, perhaps enlivened by some of the usual peepipoo wibble. You may think that law is some sort of sorcery or requires complexity to make it work, but in reality simple is good.
I am giving the OP practical advice based on zillions of years litigating for a living. The OP can choose which advice to take.
The Rookie said:
... too much does no harm ...
The voice of inexperience!See also -
https://www.youtube.com/watch?v=cc3Um-BBhpI
Edited by anonymous-user on Monday 15th January 12:12
Durzel said:
cologne2792 said:
We bought a diesel 406 with similar mileage and the seller pointed out just that. The biting point was very high and a little rumble from the DMF. When the car eventually died 100,000 miles and seven years later the biting point was still very high and the DMF vibrated just a tiny bit more.
Every car is different of course, and there's no reason a well treated car wouldn't last that long on one clutch, as yours did. I was speaking more in general terms - by and large a car with that high a mileage has a higher probability of clutch maladies imo.
Wasn’t there another case on here recently where some bloke sold a car to a bloke who put 3500 miles on it over a couple of months or to be more accurate a woman put 3500 miles on it after buying it off the man and then tried taking the original seller to small claims. It was summated they drove it around Europe for a couple of months and then tried demanding there money back when they had finished using it for some random tiny little fault on a car that cost a few grand to start with.
The whole thread smacked of why the fk are you wasting the court and the sellers time.
Breadvan I would be interested in how these clearly ridiculous claims are even allowed to be started in the first place. Is there no checks and balances at the initial issue stage to make sure there clearly not a complete waste of everybodies time.
The case mentioned above it wasn’t even the person on the receipt as the buyer that started the proceedings against the seller. How can that even be allowed.
Sorry for hijacking the thread a little OP.
The whole thread smacked of why the f
k are you wasting the court and the sellers time. Breadvan I would be interested in how these clearly ridiculous claims are even allowed to be started in the first place. Is there no checks and balances at the initial issue stage to make sure there clearly not a complete waste of everybodies time.
The case mentioned above it wasn’t even the person on the receipt as the buyer that started the proceedings against the seller. How can that even be allowed.
Sorry for hijacking the thread a little OP.
Anybody can take out a claim for money owed online. It only costs £70. Nobody vets or reads the claim at this point. It's only if the defendant responds and contests the claim that there will be a hearing. Then the lack of pre-court action (as mentioned) will show the claimant to have not followed a reasonable course of action.
If you ignore it, the claimant wins by default, even if it's b*****t. Trying to enforce it if you refuse to pay will cost them more money but the costs will added onto the amount owed.
If you ignore it, the claimant wins by default, even if it's b*****t. Trying to enforce it if you refuse to pay will cost them more money but the costs will added onto the amount owed.
ianwayne said:
Anybody can take out a claim for money owed online. It only costs £70. Nobody vets or reads the claim at this point. It's only if the defendant responds and contests the claim that there will be a hearing. Then the lack of pre-court action (as mentioned) will show the claimant to have not followed a reasonable course of action.
If you ignore it, the claimant wins by default, even if it's b*****t. Trying to enforce it if you refuse to pay will cost them more money but the costs will added onto the amount owed.
Thanks for the swift answer Ian. Seems barmy to me that nobody checks that it’s not a complete false/worthless/ unwinable claim before wasting everybodies time. But as you say it is what it is. If you ignore it, the claimant wins by default, even if it's b*****t. Trying to enforce it if you refuse to pay will cost them more money but the costs will added onto the amount owed.
There's a minimum amount though with a sliding scale charge to discourage pointless claims. But they still happen!
My mention of £70 was the one I took out. The lowest charge is only £25 for up to £300. If the defendant fails to respond and receives judgement, it affects their credit record:
https://www.gov.uk/make-court-claim-for-money/cour...
My mention of £70 was the one I took out. The lowest charge is only £25 for up to £300. If the defendant fails to respond and receives judgement, it affects their credit record:
https://www.gov.uk/make-court-claim-for-money/cour...
shaqs77 said:
Hi guys,
had my court case last week and I won!!!!!
the magistrate first let him explain the situation and give any documents and then me. I gave the receipt he signed. magistrate read and dismissed the case.
Excellent news!had my court case last week and I won!!!!!
the magistrate first let him explain the situation and give any documents and then me. I gave the receipt he signed. magistrate read and dismissed the case.
So, will we be seeing a little more of you on here in the future?
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