Any Barrack Room Lawyers in the house?

I bought a dodgy motor from a trader in Yorkshire and I’m entitled to a refund but I’m in Scotland. The vehicle broke down terminally after 2 days.

He’s refusing to co-operate despite reasonable requests so I’m looking to raise a small claims action. I’ve done it before, in our local court, but I’m not sure as to the jurisdiction in this case.

Can I raise an action locally or do I have to do it on his turf? The vehicle was advertised on Ebay and the deal concluded over the phone.

My understanding is that the defendent can chose the court location, so even if you file in one place they can elect to defend in another more convenient to them. Secondly you’re in Scotland and seller in England so legal systems differ and you have to file in England ? Thirdly “car sold as seen” so little you can do ?

Good luck

Indeed – these are the questions that need answering.

THe vehicle was sold in the course of the seller’s trade so under the Consumer Rights Act you can reject it within 30 days and get a refund/repair if it’s not fit for the purpose.

Even private sales give the buyer some form of redress if the car has been misdescribed.

I realise that having the law on your side is all good in theory but often little use in practice but I’d still like to know where to start.

Schedule 4 of the Civil Jurisdiction and Judgments Act 1982 Chapter II
Paragraph 7:
1) In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this rule and rules 8 and 9, without prejudice to rule 3(e) and (h)(ii), if—

(a) it is a contract for the sale of goods on instalment credit terms; or

(b) it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or

(c) in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in the part of the United Kingdom in which the consumer is domiciled or, by any means, directs such activities to that part or to other parts of the United Kingdom including that part, and the contract falls within the scope of such activities.

[…]

Para 8:
(1) A consumer may bring proceedings against the other party to a contract either in the courts of the part of the United Kingdom in which that party is domiciled or in the courts of the part of the United Kingdom in which the consumer is domiciled.

(2) Proceedings may be brought against a consumer by the other party to the contract only in the courts of the part of the United Kingdom in which the consumer is domiciled.”

HTH

Cheers.

Very helpful.

I’ll resurrect this thread in several months – whether I get my money back or get humiliated…….

😆