Being taken to court

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Silver-Dove

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Following on from a previous thread, my friend is now being taken to court over a horse she sold (privately) nearly 9 months ago.

She has had a letter from the court and has filed her Defense, but now she has to fill in a questionnaire the court is sending to her.

We both have no idea what this is for, can anyone help at all ??????

Thank you :confused:
 
Hi yes we know why she is being taken to court, the horse has bucked the lady off, but she has had it for nearly a year now, so my friend has filed her defence against the lady, but now the court has sent her a questionnaire and we just wanted to know if anyone knew what this questionnaire was for / what it means ????????????????????
 
Think it will be means test , income / exp in case she is found against and statement of her case.

Even if your friend thinks she is a private seller if the claimant can prove she has traded horses plural recently she can be deemed a dealer.
 
Allocation questionnaire? Details how many witnesses you want and names, dates to avoid for the hearing, how long you think it will take, anything you have discussed with the Claimant already plus asks you for any case directions.

Best your friend speaks to a Solicitor even for small claims cases she needs to be able to defend herself and the courts do not look favourably on people who are not prepared for the case/hearing.
 
Thank you every one for your help, i will tell my friend to go to the Citizens Advice to get help with filling in the questionnaire.

I wouldnt have a clue and neither do i know anyone who has gone to court before.

:(
 
I was take to court and I was very prepared, wish I could say the same for the judge, farse from start to finish. I contacted a solicitor and all the other consumer advice people, all said I couldn't lose, sadly I did. It all depends on the judge on the day IMO. Wish your friend good luck from me x
 
Boysy said:
Allocation questionnaire? Details how many witnesses you want and names, dates to avoid for the hearing, how long you think it will take, anything you have discussed with the Claimant already plus asks you for any case directions.
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^This. OP you will know if it is an Allocation Questionnaire because it will give the title on the form. It should come with notes attached to advise how to complete it.

Whatever you do, do not miss the date given for returning the questionnaire to the court. You will also need to send a copy to the Claimant. Best to send it a few days before it is actually due if you are posting it.

Tell your friend to check any insurance policies she has as she may have paid legal expense insurance and may be able to get help that way.
 
Black_Horse_White said:
I was take to court and I was very prepared, wish I could say the same for the judge, farse from start to finish. I contacted a solicitor and all the other consumer advice people, all said I couldn't lose, sadly I did. It all depends on the judge on the day IMO. Wish your friend good luck from me x
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This!!!
 
Thank you every one.

The whole thing is awful. The lady had the horse 4 months then complained by letter that it bucked her off, she never once phoned my friend to ask for advice, and now nearly a year later she is taking my friend to court, and the scary part is, my friend may lose this case and will have to take back a horse that is most probably ruined and worthless, plus she is out of work and has no savings at all. She cant sleep at night worrying

How can this happen with a private sale of a horse with no warranty offered when sold. The horse was tried twice and fully vetted and the lady brought 2 different people with her for advice.

Shocking !
 
I feel your friends pain, everyone spouts "buyer beware" it's not always the case. The lady ( I use the term loosely) that took me to court even lied, and falsified statements and admitted it in front of the judge, he did nothing! I will never sell another horse ever afte what happened to me.
 
Silver-Dove said:
Thank you every one.

The whole thing is awful. The lady had the horse 4 months then complained by letter that it bucked her off, she never once phoned my friend to ask for advice, and now nearly a year later she is taking my friend to court, and the scary part is, my friend may lose this case and will have to take back a horse that is most probably ruined and worthless, plus she is out of work and has no savings at all. She cant sleep at night worrying

How can this happen with a private sale of a horse with no warranty offered when sold. The horse was tried twice and fully vetted and the lady brought 2 different people with her for advice.

Shocking !
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From what I've read on court cases the judge looks dimly on a claimant who has not tried to amicably resolve a problem before taking it to court.
 
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