What are my chances?

[andymc1973 199]

but why should we? these serial complainers should not be driving

[MrC 142]

6 hours ago, trade vet said:

Without prior notice,we get a bill for over £2k.The punter says he had broken down and was unable to contact us.( we are open 7 days a week).He was towed in by the AA to his friends garage who did the repair.We make enquiries with parts suppliers by quoting reg no and establish that his diesel Passat had 2 new injectors supplied at £500 each.These were not included on the repair bill.Also,we establish he was not towed in by the AA. The punter was a liar ! It appeared to us that he had been adding chip fat oil or something and blocked his injectors so we declined the claim under the terms of our own warranty agreement which he had signed.We went to court full of confidence.

Result -   Came 2nd - Cost about £2700

How can that even be right. Are there grounds to appeal to a proper judge rather than a shop keeper

[trade vet 702]

34 minutes ago, MrC said:

How can that even be right. Are there grounds to appeal to a proper judge rather than a shop keeper

These guys are judges,I think you can appeal but I was told first you have to get a solicitor to seek permission from a High Court Judge to allow an appeal.Then there is the cost of another hearing .Solicitors alone cost about £200 per hour !

[have a word with the wife 299]

In small claims court you can appeal, you pay a fee around £100ish, MUST be done within 14 days of the judgement, you can ask the judge when hes made his decision or if you didnt attend you ask the appeal court, if you didnt attend you can apply for set aside [judgement] but must have good reason for not attending.

The appeal court will only allow an appeal if it is satisfied that:

• The decision of the judge who heard the small claims trial was wrong in law; or
• The decision was unfair because of a serious irregularity in the small claims proceedings

[MSP Motors 39]

And the verdict is in........

So I turn up to the court with my one line of defence..... " I didn't personally sell this car" against a stack full of lies that the claimant had prepared. I get briefed before I go in that there are 5 cases to be heard at 10am and only 2 judges........

As I'm sitting in the waiting room I'm starting to think I should not have prepared this defense this way and all the other doubt is creeping into my mind. Then my case is called, so I'm straight into the hearing room......... And to my surprise, it's just me! The hearing lasts 5 minutes and it's struck out! The judge expressed surprise that the claimant is a no show and warns me that they have grounds for appeal, but has a quick scan through the paperwork and says, it's obvious that the claimant bought the car from a LTD company so rules in my favour.

As I am leaving the court building, who should I walk past? Only the claimant and his dad..... I feel like informing him he's 15 minutes too late, but I restrain myself and just walk on feeling at absolute buzz! 

Now, I know he can appeal, or start a fresh claim against the business.... But to be honest I don't care now! I cant see an appeal working as he was just 15 minutes late! And if he decides to take the ltd company to court again, I will always have this little victory to fall back on, even though it was not the absolute victory I was hoping for, it's a victory.

[trade vet 702]

6 minutes ago, MSP Motors said:

And the verdict is in........

So I turn up to the court with my one line of defence..... " I didn't personally sell this car" against a stack full of lies that the claimant had prepared. I get briefed before I go in that there are 5 cases to be heard at 10am and only 2 judges........

As I'm sitting in the waiting room I'm starting to think I should not have prepared this defense this way and all the other doubt is creeping into my mind. Then my case is called, so I'm straight into the hearing room......... And to my surprise, it's just me! The hearing lasts 5 minutes and it's struck out! The judge expressed surprise that the claimant is a no show and warns me that they have grounds for appeal, but has a quick scan through the paperwork and says, it's obvious that the claimant bought the car from a LTD company so rules in my favour.

As I am leaving the court building, who should I walk past? Only the claimant and his dad..... I feel like informing him he's 15 minutes too late, but I restrain myself and just walk on feeling at absolute buzz! 

Now, I know he can appeal, or start a fresh claim against the business.... But to be honest I don't care now! I cant see an appeal working as he was just 15 minutes late! And if he decides to take the ltd company to court again, I will always have this little victory to fall back on, even though it was not the absolute victory I was hoping for, it's a victory.

What a stroke of luck !

[It's me 615]

good lets hope if they do spend the extra £150+ appeal charge that gets thrown out too

i know exactly how you felt as the plaintiff walked by you with his dad too,nice one double bubble

[have a word with the wife 299]

Nice one, one up against them,  its all made too simple and easy for these folk now you can make a claim online which i presume they did.They claim in haste which fortunately youve found a mistake in, and thats how you win ! You should get a letter soon either stating the claim has been struck out or dismissed, to alter your name to ltd company requires a judges permission, the reason for them being late needs a very very good excsuse too, normally letter from a doctor, there was loads of cases to do when you arrived so 99% theyve told them case dismissed , reapply or on your bike !