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SolicitorRM
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 3001
Experience:  Director and Principal Solicitor. UK
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OK, So the vendor has claimed that he had "Detailed the car"

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OK, So the vendor has claimed that he had "Detailed the car" for me at a cost of £360 and had to pay for a new advert at £70 and has told the Small Claims Court that he will pay me back £70 of the £500. The car was only on sale for £6,000 and he is unscrupulous and to be quite honest he is stealing the money. What I do not understand is why the Small Claims Court have rejected the claim, is there any point in trying to pursue this legally or should I just accept the loss?

Hi, thank you for your enquiry and your patience. What do you mean by the small claims "rejected the claim"? Did you file the claim with the Court? For how much?and was it served on the Defendant? And if so what was the defence?

Customer: replied 4 months ago.
I served a claim online under the Small Claims Court for the £500 plus costs and interest and the Small Claims Court sent me the following "The judgment request you made via the website has failed due to the defendant filing a response to the claim which was not made via the website. "

Ok so had you requested judgment in default after 14 days? Have you been served with the Defendant's response?

Customer: replied 4 months ago.
I can forward you the entire email with the defendants response and two additional forms that the Court have asked me to complete. The defendant has actually lied saying that as I could not get a discount on the vehicle I asked for it to be "detailed" at a cost of nearly £400??? I didn't even know what the term meant until I was served with his defence, and as if he was going to sell me a £6000 vehicle and then spend almost 10% of the cost on polishing an already immaculate looking vehicle for me? Basically there is a principle at stake here. My daughter is a leading litigation solicitor here in Cornwall and is on maternity leave and I am too embarrased to tell her what I have done otherwise I would have just asked her. The man is a crook and is surely living up the image of a used car salesman.
Customer: replied 4 months ago.
BTW the forms are an n180 and ex730 and the defendants response

The decision by the court is only procedural it is not saying you do not have a claim. You requested a judgment and had the defendant not filed a response you would have got the judgment. At that early stage the court will not have considered the merits of the claim at all. So now that a defence has been filed yes you have to complete the directions questionnaire on time and the small claims mediation service form. If you do not file these on time your claim will be struck out.

you do not need to attach the forms here. However if you were looking for guidance in completing the court documents then JA offers assistance on their premium service and that attracts an additional charge. I am happy to assist you with that should it become necessary, you will just need to advise me and JA will send you the offer.

I totally appreciate how you feel with your daughter being a solicitor, howeve this is your legal right so you do not need to be embarrassed pursuing it.

In the interim I would be grateful for your rating at your earliest convenience of my assistance. Feel free to send any follow on questions I am still able and happy to guide you after your rating. All the best

SolicitorRM and 2 other Law Specialists are ready to help you
Customer: replied 4 months ago.
Thank you