Can she just do this?

Valli

pickledstar wrote: »

Yes thank you for that I clearly seen everything there, the majority of people there say I am stuffed.... I don't need this .. what I need to know is about the CCJ hence doing another thread... I KNOW I am stuff ... I am prepared to take it that she has ripped me off and there is nothing I can do about it, what my whole point is about is this CCJ threat.. so please don't keep referring back to that thread as its a different opinion I am after

Starting new threads in the hope of getting different opinions is, at best, unwise.

She's a private seller (not a business) - if she does take you to court for the unpaid balance you can counter-claim (ie argue) that the sofa was misrepresented.

The courts don't simply rubber stamp claims; nor do they automatically find in favour of the claimant.

You've already had some excellent advice on this thread.

Valli

pickledstar wrote: »

Can a single person not just open a ccj like that then?

No one (single person OR business) can just 'open' a CCJ. There has to be a court case; the court has to order the defendant to pay.

pickledstar

Valli wrote: »

Starting new threads in the hope of getting different opinions is, at best, unwise.

I meant in respect of the CCJ ..

You've already had some excellent advice on this thread.

Yes I have had and thanks to everyone that has offered the excellent advice, I do really appreciate it!

giraffe69

can she even open a CCJ?

You have been told about 47 times that she(and indeed anyone else) cannot "open" a CCJ. CCJ stands for County Court Judgement so
a. the case has to go to court
b. you have to lose
c. the judge has to make an order requiring payment

Even then if you pay nothing bad will happen other than a hole in your wallet. Something bad will happen if at that stage you refuse to pay.

mountainofdebt

I often have to threaten business with going to the small claims court through work and unfortunately sometimes it does go to court.

Basically if she does take it to the small claims court, you will have 28 days to respond to her claim and if it does get to this stage then I would recommend you respond - if you fail to make contact then she can apply for judgement by default.

You need to keep all records of conversation so that you can submit this as part of your defence as well as records of all payments made to her (please tell me it was by some recordable means) which also should be submitted.

I've never seen the paperwork that the defendant has but I assume that there will be an option to suggest a repayment method - and again the claimant will have an option to accept or reject this.

Its not a simple case of her applying for a ccj and then getting it - you do have the chance of putting your side of the story .

In the worse case senario I think that even if she managed to get a ccj against you you have the ability to clear it by settling the debt.

mountainofdebt

Forgot to add don't give her post dated cheques either!

Robin_TBW

She CAN'T just give you a CCJ!

arcon5

Hardly think you can complain about poor stitching and stuff several months down the line. This is a private sale so you should have inspected this stuff before buying.

The only thing misrepresented is how old it is, but not sure how you quantify this. If you can

Looksguywalker

arcon5 wrote: »

Hardly think you can complain about poor stitching and stuff several months down the line. This is a private sale so you should have inspected this stuff before buying.

The only thing misrepresented is how old it is, but not sure how you quantify this. If you can

Would you though defend it friviously as you have advocated in a previous past?

nitra

arcon5 wrote: »

The only thing misrepresented is how old it is, but not sure how you quantify this. If you can

If the sofa was 6/7 months old when bought it's still under warranty and thus has a higher value... as well as the mentioned repairs needed possibly being done free of charge.

@Op I've taken someone to small claims court, it's not an easy process and TBH the courts haven't got many teeth. CCJ's aren't entered unless the claimant wins AND the defendant fails to pay up after losing. You may have to pay the small claims courts cost but these aren't very much.

As you have the funds to pay I'd tell her to give you the receipt proving it's age or even a bank statement proving the transaction (that might FYI be her problem she no longer has the receipt).

If she can't do either of these two things I'd tell her you'll see her in court. State all your evidence (what friends have told you, lack of receipts, unwilling to communicate) hopefully that will be enough to convince the judge she deliberately mislead you.... but if you lose then you will have to pay up (otherwise you will end up with a CCJ) but if you win then your quids in.