Legal Advice nlc

[cloggie]

Im currently in the process taking someone through the small claims court over sale of goods act,
Im wondering if anyone has experience in this ,
I need the right lawyer also but not 100% how this will be held as the seller is in England and the purchase was made in England .
Any advice would be great
Thanks

[scottishselise]

what's the value? small claims might work.

[cloggie]

Yes small claims is the way to do it as i believe its up to 5k is this right ,
Im looking for just under that

[scottishselise]

Designed to be simple and non lawyer requirement. However, even if you do win and get a CCJ against them but they have no assets in their name, AFAIK you often get no where. (based on minimal research and some suing findings from 'cowboy builders')

Best of luck

[cloggie]

This wont be an issue as they are a business, i dont want to risk it without having a lawyer and to be honest isnt entirely about the finacial gain more to do with the fact it would be their financial loss if you know what I mean

[scottishselise]

Hopefully you will receive PM's from SE know how on this...

[GregR]

Hi Cloggie - look here for tips and also styles:-

http://www.scotcourts.gov.uk/sheriff/sm ... /index.asp

Ignore comments about CCJs above - no such thing this side of the border. Only issue you 'might' have is jurisdiction as the Co is based in Englandshire and the contract was concluded there. If it was a 'Consumer Contract' then you can raise in your local Court - see Sched 8, para 3 of the Civil Jurisdiction and Judgements Act 1982 (as Amended):-

http://www.legislation.gov.uk/ukpga/198 ... aragraph/3

Your local Court can be found on the Scottish Courts website too.

You shouldn't need a lawyer and it is pretty simple to do yourself - courts are surprisingly sympathetic to Party litigants i.e. Joe Public doing it themselves and its all very informal.

[scottishselise]

Interesting, there must be a somewhat equivalent though?

[cloggie]

The problem is with all this is that even though its a small claims court the result could possibly cost the other party way more as it would then put their business in the spotlight and stop them from trading if that makes sense
It simply wouldnt be advisable to walk in there without legal representation as they will be very well represented I feel as they have a lot to lose

[Lazydonkey]

The problem is with all this is that even though its a small claims court the result could possibly cost the other party way more as it would then put their business in the spotlight and stop them from trading if that makes sense
It simply wouldnt be advisable to walk in there without legal representation as they will be very well represented I feel as they have a lot to lose

It doesnt matter if they are well represented or not IMHO - i represented myself at an employment tribunal (again one designed to be simple and informal) but came up against my employer's legal representation. I just kept saying "i'm not a lawyer" and "im not trained so i dont understand the ins and outs" and it seemed to really work in my favour...........even though i did a few cheeky things that I shouldnt have got away with.

[pete]

If a lawyer (Greg) says you don't need a lawyer you'll be good to go.
(You know he can get struick off for telling people they don't need a lawyer!).