A tale of Caveat Emptor
Comments
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I can understand you beeing p++d off however this is nothing to do with caravanning, it is about a rogue trader who just happens to be selling a caravan and when put in context is not the end of the world. If this is stressing you out to such an extent
i will happily let you have a dose of my life fif a few weeks.... simply get over it, Take the positive view, its a lesson in life and get on with finding your dream caravan. In a few weeks this will have blown over and will quickly be ovettaken by the enjoyment
of future caravan adventures.0 -
Given the running correspondence I doubt a letter before action is needed. The small claims court is more informal but the trader needs to pay a solicitor. The defendant is not going to want to pay a solicitors fee for asking for one and from the cases I
have dealt with I cannot remember ever seeing one and we certainly did not waste money asking for it.0 -
I agree with DD. The more letters sent setting out the case and the claim and giving the trader chance to make good, the better it will be for the claimant.
I'm puzzled by the reference to solicitors because, as far as I know, no solicitor is needed on either side in a small claims proceeding or, indeed, in a full County Court hearing.
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".....they should consider the plight of poor lawyers
.
"Is there such a person?
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I’m shocked TW, so cynical
.PS Only joking of course
.Yes, I recognised it.
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Small Claims Court proceedings set up this morning. I'll keep you informed and will be fully naming and shaming after this sorry episode is over.
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Good luck, Alvin.
I hope you have evidence by way of screen shots of the adverts to produce in Court along with a record of all the phone calls.
I'm sure judgement will be awarded in your favour but that's only the first stage. Be prepared to follow your claim through with a Warrant of Execution, or whatever seems appropriate, when he fails to pay into Court.
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Might be wrong but, if the court enforcement officers get involved, don't you end up paying for them to get your money back? Perhaps I watch too many 'Can't Pay, We'll Take It Away' programmes.
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Any form of enforcement adds to the costs, Jill, but such amounts are reclaimable from the defendant.
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It is a long time since I took a Rover garage to Small Claims Court Alvin, but it was pretty stress free, sat with a Judge, myself and the defendant in judges rooms. Short story - a new car was guzzling oil (Nottm to Coventry and return took best part of
a pint!) and in the end had a new engine fitted at their cost - I claimed for all oil I put in etc. Rover contested and furnished the dealer with a letter saying it was within parameters!!! but Judge laughed it off and said pay up. I got a cheque there and
then. Doesn't help you but it is possible. Good luck.0 -
I have twice been in small claims as a defendant on behalf of the County Council. I found it very good and very fair, On one occasion the plaintiff had actually hired a top class brief to bring the case. Must say that the judge was less than impressed by
the aggressive attacks. We won and I declined legal help or any other support. We were asked about damages to cover our cost. I declined.On the other occasion a chap claimed that our work jad covered his stop tap and resulted in flooding when he had a burst pipe. I was able to show photos before and after, contract drawing to show the depth of our excavation nd, just as important, a copy
of a letter sent to the home owner offering to excavate for the stop tap at the contact rates (no add ons). I pointed out in the letter that although we would have excavated to 250mm below the finished surface level We would stand the cost if the box was within
350mm of the finished level of footway.The point being collect your evidence!
In the other case
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I have had to deal with several small claims actions against businesses we insured. Basically for anything under £1000 there was no way we could come out of it without losing money. Limited companies have to use solicitors and that costs so most of the time they will want to at best compromise.
I have run one for my daughter and her boyfriend when a travel company made a mess of their holiday and then just lied about what happened. They made all sorts of noises but in the end just paid up.
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I have had to deal with several small claims actions against businesses we insured. Basically for anything under £1000 there was no way we could come out of it without losing money.
Limited companies have to use solicitors and that costs so most of the time they will want to at best compromise.I have run one for my daughter and her boyfriend when a travel company made a mess of their holiday and then just lied about what happened. They made all sorts of noises but in the end just paid up.
Not so WW. Either or both parties can choose to be ‘litigant in person’. There is no compulsion for either side to instruct a solicitor.
Agreed, DD. I worked for a massive PLC and we represented ourselves.
I wonder if things might be different in Scotland where WW is based?
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I have had to deal with several small claims actions against businesses we insured. Basically for anything under £1000 there was no way we could come out of it without losing money.
Limited companies have to use solicitors and that costs so most of the time they will want to at best compromise.I have run one for my daughter and her boyfriend when a travel company made a mess of their holiday and then just lied about what happened. They made all sorts of noises but in the end just paid up.
Not so WW. Either or both parties can choose to be ‘litigant in person’. There is no compulsion for either side to instruct a solicitor.
Agreed, DD. I worked for a massive PLC and we represented ourselves.
I wonder if things might be different in Scotland where WW is based?
Could be, the laws of England and Wales, and Scotland do vary and I believe the small claims process is a little different.
TW I expect your massive plc would have had an in-house legal dept.
It did for national and criminal issues but local matters were dealt with in the relevant local County Court.
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