Small claims court?

bargainhunter121

We recently purchased an Alhambra  with allegedly 120k mileage from a private seller. He did however take a part exchange, offer us finance and had 10 other cars for sale. He re registered the car and retested it here in NI to hide the original mileage and reg from us. Hpi check showed no other plate changes on the car from production date prior to purchase. Issues and noises with the car made us question the history a bit more and we enquired with dvla for the original reg. we then found it to be clocked by almost 100k. Took it to a dealer to get it checked over and came back with a lot of issues (2 weeks after purchase). Seller had changed parts of the car from when the mot was done which means it wouldn’t pass an mot now (swapped tyres, put one wrong sized tyre on when giving us the car). He said he wasn’t aware of the original mileage and that it’s not his problem (he’s a mechanic and runs a garage). He’s refusing to do anything for us and won’t communicate at all. We sent him a solicitors letter and he’s prepared to go to court. Trading standards have been involved and say they regard him as a trader rather private seller and when they looked at the log book, immediately said ‘fraud’. Trading standards want me to make a statement for court for prosecution but if I’m honest court of any sort terrifies me, I have social anxiety and other health issues but we’ve lost a lot of money on this and will have to pay near £1000 for repairs (I’ve been told). Can a solicitor represent us in a small claims court? We can only 3k if we win but it’s better than nothing. I’m afraid of him not turning up or getting out of paying us somehow, he’s pretty crafty.

macman

Small claims process is not like a court on TV, it's just a room with a table, the plaintiff and defendant, and a judge in civvies. Very informal.
If he doesn't turn up then you would win by default anyway.
You can use a solicitor, but you won't be able to claim costs for one, so much of your claim will go to the solicitor, win or lose.
The problem is that winning a county court judgement doesn't get you the claim paid, you may have to instruct bailiffs at further expense
Is this a claim against a sole trader or a ltd company? If the latter, he's unlikely to have any assets other than stock.

bargainhunter121

I've never been good at speaking publicly unfortunately and I'm on my own in this. Another solicitor said we should get our house or car insurance legal cover to cover the costs, so we've enquired with them. The seller regarded himself as a private seller but worked for a local garage. I'm a member of a local motoring forum and someone told me he part owns the garage but that's all I have to go on. Our solicitor who sent the letter said if he has the funds to get a solicitor to respond it would appear he does have money. I just don't want it to be really stressful to me and then still end up with nothing.

Grumpy_chap

Keep the evidence you have of him being a trader - 10 other cars, part exchange, finance offer.  You may find these all vanish in a short while.

bargainhunter121

All ads gone within a day or two but I have copies. Relisted on gumtree soon after also under different names.

Herzlos

You can have a friend attend the court with you and do the presenting. I think it's called a Lay Representative as that used to happen fairly regularly with parking companies. There's nothing stopping you paying someone to represent you but you won't get it back.

You could presumably pay a solicitor to do the paperwork for you and represent yourself if it actually went to court.

But as mentioned, small claims is really just a paperwork exercise, some phone mediation and if it gets to it, a fairly informal room with a judge.

Herzlos

Who is the finance with? Some 3rd party company? Because the next thing to do is to call them since they are the ones that technically own the car, and they'll have more sway (and lawyers) to sort it. They may even blacklist him.

You may also not need to attend any trading standards court for the fraud case, but just make sure to include as much detail into that report as you can. If you do need to attend then you really just need to confirm the details provided.

Freecall

Herzlos said:

You can have a friend attend the court with you and do the presenting. I think it's called a Lay Representative

Just a comment in case somebody stumbles on this thread in the future.

This is absolute rubbish.  The legal system in England and Wales requires anybody addressing the court (apart from a witness giving evidence or a litigant addressing their own case) to have what are known as 'rights of audience'.  This will mean (in the lower courts) a solicitor or barrister.

With the leave of the court, litigants in person can be accompanied by a McKenzie friend but they certainly cannot address the court on behalf of the litigant. 

Jenni_D

Freecall said:

Herzlos said:

You can have a friend attend the court with you and do the presenting. I think it's called a Lay Representative

Just a comment in case somebody stumbles on this thread in the future.

This is absolute rubbish.  The legal system in England and Wales requires anybody addressing the court (apart from a witness giving evidence or a litigant addressing their own case) to have what are known as 'rights of audience'.  This will mean (in the lower courts) a solicitor or barrister.

With the leave of the court, litigants in person can be accompanied by a McKenzie friend but they certainly cannot address the court on behalf of the litigant. 

Just a comment in case somebody stumbles on this thread in the future.
The quoted post is absolute rubbish. (Actually it's not - but it's incomplete - and specifically wrong in the assertion regarding Lay Reps).

Perhaps the poster should read up on The Lay Representatives (Rights of Audience) Order 1999

Coupon-mad

@Freecall, I've lay repped in several small claims and am not legally qualified.

I assist with parking firm defence cases (on the parking sub-board, where we have a 99% win rate) and I charge nothing.  I do it to make a difference to parking firm scams and to help scared people.

Lay reps are taken seriously in small claims once you show the Judge the Lay Reps Order that gives a legal RoA.  As a result of my longterm MSE 'work' I was also appointed to the Govt Steering Group and worked with stakeholders to shape the new statutory parking Code of Practice, including being instrumental in securing the ban on false 'debt recovery' fees.  So consumers have more power than some might realise.

As long as the person you are speaking for also attends, they are entitled under the Lay Reps Order linked above, to use anyone as a lay rep to speak for them.