Sold my car privately, they are now threating to bring me to court if I don't agree to refund

Advocado

ontheroad1970 said:

Advocado said:

AdrianC said:

Sub £700 car...

I presume there's no way that you could be taken as a trader, you genuinely are a private seller?

Do not reply, block her number, move on with life.

If she does launch a court claim, simply defend it with facts. The "uncle is a solicitor" bit is a giant red flag that she's simply flapping her jaws. Small claims (<£10k) don't use solicitors at all.

Utter nonsense. 

We went to court (small claims) and the defendant sat there with their solicitor. The same one who’d sent us many letters leading up to the hearing.

Just because what one defendant did doesn't make what Adrian said nonsense, let alone utter nonsense.  why are you picking out something that he said weeks ago, especially as he is unable to actually defend his view?

“Small claims don’t use solicitors at all” is utter nonsense.  

I’m picking out something said from weeks ago because I’ve only just read it.  I’m not aware of there being a time limit on replies.

KimJongUn88

Parties who have cases in the small claims track can and do use solicitors.

I think what Adrian was getting at is that the costs of hiring these solicitors aren’t recoverable whether the parties win or lose. Therefore, it doesn’t make sense to hire a solicitor in matters allocated to the small claims track as if you win, you might still be out of pocket after having to pay your own solicitor’s fees.

Advocado

KimJongUn88 said:

Parties who have cases in the small claims track can and do use solicitors.

I think what Adrian was getting at is that the costs of hiring these solicitors aren’t recoverable whether the parties win or lose. Therefore, it doesn’t make sense to hire a solicitor in matters allocated to the small claims track as if you win, you might still be out of pocket after having to pay your own solicitor’s fees.

Well that’s absolutely not what he said.  He said small claims do not use solicitors, not that the fees of those solicitors are not recoverable from the the other party.

So it was utter nonsense.