Small Claims from the EU?

[Dry Rot]

A Belgian friend of mine bought a pony in the UK which developed problems soon after arrival in Belgium. She has spent quite a lot of money on getting the problems diagnosed, not to mention the cost of purchase and importing. Apparently, the problems are incurable and mean it can only be used for light hacking (which was NOT what it was purchased for!).

She has decided to go after the sellers who have, in a nut shell, said, "Tough luck! Go forth and multiply!" The purchaser went to CAB and was advised to raise an action in Small Claims Court here in the UK. So she has applied and sent off the requested £70 fee. She is now told she needs an address here in the UK if the case is to proceed and the £70 is not refundable. Not unnaturally, the purchaser is getting rather annoyed and frustrated -- and no doubt talking to her friends and warning them about buying from UK breeders.

I know there is a huge fund of knowledge on here and I wonder if anyone has any advice that I could pass on? Just like to add that I have no involvement in this affair at all except as an uninvolved third party who would like to see justice done!

 

[crabbymare]

She can get an accommodation address fairly easily, but would need to make sure they will forward post fast. alternatively do they know anyone they could use as a postal address?

 

[luckyoldme]

Can t she use your address?
Word of warning though ........its one thing getting a judgement against someone ..........and totally another thing getting resolve/money back.
Everyone on here bangs on about contracts and small claims.......thats the easy bit in my experience. The difficult bit is getting them to cough up afterwards!

 

[Dry Rot]

Yes, she could in theory use my address but I'm reluctant to get involved (been there, done that). There's an old saying, and a true one in my experience, that no good turn goes unpunished!

The sellers in this case are an established stud so I suspect it will not go to court, unless they have no regard for reputation at all. A good sabre rattling may do the trick.

 

[Dry Rot]

Thanks to the kind people who PM'd me. Working where you do, I understand your reluctance to post on an open forum!

Just to add to the general knowledge, I'm advised that a Scottish address is no good for Small Claims outside of Scotland. Yes, someone in the EU can use Small Claims in the UK. The Belgian buyer has now engaged her own English solicitor and seems intent on going the whole course. I've told her that only the lawyers win but it seems she feels so badly about this affair that vengeance is the motivator, not finance, as she is clearly not short of cash.

It is a pity for our exports when this sort of thing happens as it tarnishes us all. I am finding a growing interest from Europe for our ponies (one recently sold to Holland for a good price) which is very welcome considering the state of things here in the UK. I doubt whether the publicity when this case gets to be known will do any of us any good.