Small Claims Court

[dancingtaz13]

Just wondering if anyone has the experience of taking something to a small claims court?
I'm having problems with a car company down south in that they have ignored calls and letters from both myself and trading standards re a car we bought 3 months ago that has numerous problems & we feel the car shouldn't have been sold to us in that case. We don't want to pay to get it fixed either as we feel it's not our position to.

We have now been advised to take them to a small claims court to try and get our money back.

Anyone any advice? We've spoken to CAB but they just told us to take them to court.

[Sapphire2803]

Just wondering if anyone has the experience of taking something to a small claims court?
I'm having problems with a car company down south in that they have ignored calls and letters from both myself and trading standards re a car we bought 3 months ago that has numerous problems & we feel the car shouldn't have been sold to us in that case. We don't want to pay to get it fixed either as we feel it's not our position to.

We have now been advised to take them to a small claims court to try and get our money back.

Anyone any advice? We've spoken to CAB but they just told us to take them to court.

When you say 'down south' do you mean in Scotland or England? It makes a huge difference to the process...

[Flyermonkey]

It also depends on where you paid for the car (ie where the contract was formed). If it was up here, eg you ordered the car online or by phone and paid for it up here, then Wick court could arguably have juristiction.

It is worth getting a half hours worth of advice from a local solicitor - you don't need them to fill in the forms for you or go to court (the expensive bit), but their advice may well prove invaluable and save a lot of time and money in the long run.

You can also download 'how to' guides from the Scottish Courts Service website which are good, and I have always found the staff in the Wick Sheriff courts office to be very helpful - checking over forms and making suggestions (if you ask nicely!).

**NB, I am not a solicitor so these are just opinions!**

[jimag]

dancingtaz13

Dont be put off. Go for it. I bought a car in Aberdeen from a large national group and it failed about three monts later. Had it repaired in Caithness (£750.00) and claimed from the seller. They refused because I had turned down their offer of purchasing an extended warrenty. Consulted CA and found out that in the first six months after purchase the onus is on the seller to prove the good satisfactory at time of sale. Thereafter unus is on the buyer to prove they were faulty at time of sale. I raised the action in Wick, which I was entitled to do because it was a private deal and I live in Caithness. I had several phone calls from the dealer after they received their summons offering me settlement. I just held out until they came up with the full amount including the £44.00 cost of raising the action. One happy buyer and a dealer who tried it on and failed. It was time consuming and of course I got no compensation for all the letters. emails, telephone calls, etc. I am therefore only too willing to pass on any information I may have gleaned from the experience.

[Lucy]

You can phone any solicitor and ask for a free 15 minute consultation. this way you can ask all your questions for free and get proper advice. you must inform them at the 1st phone call that it is a free consultation you want or you will be charged.

i would also check out the citizens advice bureau for advice and help on this.

[dancingtaz13]

This is of a great help everyone. I bought the car in Glasgow.... saw description on website, phoned for details and pictures then agreed to come down and see car and paid £100 deposit for them to hold onto it. Liked car, took it a test drive etc and noticed a few things faulty which we pointed out and were fixed before we paid for it. Unfortunately didn't pay for it by credit card as i was advised the credit card company would be liable too and inform them of situation!
More faults occurred on way home (1 day after we purchased car) so called company the following day to advise and ask for a pre-sales checklist for the car and they said they'd phone us back and 3 months later we still don't know what was checked or if at all!! :mad:

Speaking to a solicitor is my next port of call i think as i really don't know anything about the legal sides of these things and what happens in a case.
I read the scotcourts.gov website about small claims court but couldn't take it all in!!

[Geo]

You can make a claim online now.

Details here:
https://www.moneyclaim.gov.uk/csmco2/index.jsp

I've read good reviews from people who have used the site.

[COACHMAN]

You can make a claim online now.

Details here:
https://www.moneyclaim.gov.uk/csmco2/index.jsp (http://forum.caithness.org/go.php?url=https://www.moneyclaim.gov.uk/csmco2/index.jsp)

I've read good reviews from people who have used the site.

This is only for claims in England and Wales:mad:

[grumpyhippo]

Try here for Scottish Small Claims........

http://www.scotcourts.gov.uk/sheriff/small_claims/index.asp (http://forum.caithness.org/go.php?url=http://www.scotcourts.gov.uk/sheriff/small_claims/index.asp)

[Sapphire2803]

When you buy a car from a trader, you have the right to expect it's condition to reflect it's age and mileage, the car should be able to pass an mot unless you both agree it is sold as scrap.
A few more details about the situation would help people to give you advice.
For instance, what year is the car? How much was it?
What were the faults? Would it have failed an mot? How much were the repairs?
As you bought the car in Scotland, your best bet is just to go to the nearest small claims court to where you live. If you go in and speak to them, they'll explain the process very clearly. The only down side to this is that I think there is a lower limit on the small claims process in Scotland. Just checked, it's £750, if your claim is for more than that, you need to consult a solicitor

[Flyermonkey]

The small claims limit went up in Scotland to £3000 and for a Summary Cause (similair to small claims but for sums over £3000) had gone up to a £5000 limit as of January 2008.

You also have a 3 month warranty if you buy from a car dealer, irrespective of age or condition.

But, as Sapphire says, it would be a good starting point to go into the sheriff court office and speak to them - they are normally very helpful.

[Sapphire2803]

The small claims limit went up in Scotland to £3000 and for a Summary Cause (similair to small claims but for sums over £3000) had gone up to a £5000 limit as of January 2008.

You also have a 3 month warranty if you buy from a car dealer, irrespective of age or condition.

But, as Sapphire says, it would be a good starting point to go into the sheriff court office and speak to them - they are normally very helpful.

It did? I missed that one. Oh good, it was far too low.
Thanks for the correction :D