Small Claims

reggie

Would appreciate some advice on the following. My husband sold his camera kit earlier this year via a forum. After seven weeks he was contacted by the buyer to ask whether he was aware one of the zoom lenses didn't turn to its full range. He wasn't, and had never had any issues, he was prepared to sort cost of fixing - then he checked the photo on the advert he had placed which showed the lens zoomed close to its maximum and a lot further than the buyer said it would now go as shown in the buyer's photo he sent. He explained this to the buyer who still wanted him to repair, but knowing he had sold as described and with 7 weeks having elapsed where anything could have happened, he explained he didn't feel he was responsible. 6 weeks on, he has just had an email from the buyer telling him that the cost was £180 and he will be taking him to small claims court in Scotland (a long way from us) and my husband will have to travel up there. Can he be asked to go to Scotland to defend this claim? I would welcome some advice. Thanks

hollydays

How did the buyer pay

reggie

bank transfer

waamo

Are you in Scotland? You say you are far away but not where.

reggie

No, I'm in Wales.

waamo

reggie wrote: »

No, I'm in Wales.

That makes it difficult for them. Cross border court cases aren't impossible but certainly have their problems. My guess is they are bluffing and just attempting to get a "discount" on something they have bought.

You can either ignore them or if you want to wind them up a bit reply to them. I would reply saying the transaction was clearly carried out under under English law. As such you require they comply with the mandatory Civil Procedure Rules. Failure to do so will result in the court dismissing their claim at significant potential cost to them.

That might make them think twice.

reggie

Thanks for the reply; that's helpful.So if a transaction is carried out under English law, then any legal issues have to be taken up in the English courts? Hopefully, it won't go that far.

waamo

They can sue in Scotland but it isn't as easy as they are making out. They can't use Simple Procedures which is the usual Scottish method.

unholyangel

reggie wrote: »

Thanks for the reply; that's helpful.So if a transaction is carried out under English law, then any legal issues have to be taken up in the English courts? Hopefully, it won't go that far.

Was a governing law and/or jurisdiction (they're not the same thing btw) actually specified? I would be surprised if that were the case for a sale made on a forum. Not that it would matter given the UK's approach to domestic cross-border cases.

There are also different rules if your husband was not acting for purposes wholly or mainly outside of his trade, business, craft or profession.

waamo

unholyangel wrote: »

Was a governing law and/or jurisdiction (they're not the same thing btw) actually specified? I would be surprised if that were the case for a sale made on a forum. Not that it would matter given the UK's approach to domestic cross-border cases.

There are also different rules if your husband was not acting for purposes wholly or mainly outside of his trade, business, craft or profession.

Indeed the latter point is one to bear in mind. I should stress my proposed response is more to "upset the apple cart" of their plan than to assert any kind of jurisdiction as to the terms of the sale.

Essentially they are con merchants and it's calling their bluff.

davidmcn

They're bluffing, probably. Not worthwhile going to court for £170 unless you know you'll win (and will easily be able to extract the money).