charmaine
Well-Known Member
I am doing this next month. What exactly happens in the hearing. I am finding it a bit daunting at the moment but determined to get justice.
anyone ever taken a dealer to the small claims court?
- Thread starter charmaine
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jumpingjack
Well-Known Member
I know someone who has and won, i was there with them if you want to pm for details and what you want to know i will help as best as i can, but dont want to say anything on public board!
kombikids
Well-Known Member
there was a post about this a few days ago by someone doing the same. have a search they may be of use.
quirky
Well-Known Member
Didn't go to court with dealer but did go with a livery yard owner.
You'll be pleased to know, it's not too daunting. We went into an office with the other party and witnesses (one for each side in our case) and the judge already had all the supporting paperwork. We discussed it, it wasn't heated, he asked a few questions and then sent us off into a room to see if we could come to an agreement. We couldn't. We went back, he ruled against them, told them how much they had to pay and that was that.
Although you may find it quite stressful, try and look on it as an experience. I found the whole process quite interesting, made even better because I won!
You'll be pleased to know, it's not too daunting. We went into an office with the other party and witnesses (one for each side in our case) and the judge already had all the supporting paperwork. We discussed it, it wasn't heated, he asked a few questions and then sent us off into a room to see if we could come to an agreement. We couldn't. We went back, he ruled against them, told them how much they had to pay and that was that.
Although you may find it quite stressful, try and look on it as an experience. I found the whole process quite interesting, made even better because I won!
VRIN
Well-Known Member
I went to small claims court asgainst a large company - Interlink - they had a smart lawyer ... but judge wouldn't let him intimidate. Heard both sides and found in my favour which was quite nice. Certainly nothing to worry about..
I know a dealer who was taken to small claims court - the judge found in favour of the buyer on the basis that the dealer should have offered to replace the horse (why the buyer was returning the horse was irrelevant to the judge) This dealer now will always offer to replace the horse (timescales of finding a suitable alternative seem to be irrelevant too - you just have to offer it would seem...)
Good luck
I know a dealer who was taken to small claims court - the judge found in favour of the buyer on the basis that the dealer should have offered to replace the horse (why the buyer was returning the horse was irrelevant to the judge) This dealer now will always offer to replace the horse (timescales of finding a suitable alternative seem to be irrelevant too - you just have to offer it would seem...)
Good luck
horsegirl
Well-Known Member
My parents did many years ago. Court found in parents' favour (I think the dealer didn't bother to turn up) but that still doesn't guarantee you'll get your money back if they choose not to pay. My parents didn't get their money back and then of course it costs you more to inforce and send bailiffs.