Lost Small Claims Case (as Defendant) What happens now? Unfair Hearing.

A question about : Lost Small Claims Case (as Defendant) What happens now? Unfair Hearing.

Hi All,

Sorry for the wordy post! Please bear with me as there is quite a lot to say. Any extra info needed, please comment and I will get back to you ASAP.

Right, here goes.

I was looking at a car to buy on HP back in March 2011. I applied for finance and I was regected. All fine.
I ended up getting friendly with the dealer as we both share the same interest (cars) so I popped into the garage regularly until November 2011 when the car I owned needed repairs.

I took it too the garage where the car I tried to buy in March was, and he repaired my car for the sum of Ј580.
As I was friendly with the dealer, he knew that I am a carer for my partner who is in reciept of ESA and that is our only income. He agreed to take installments of Ј50 per week until the bill was paid.
He then told me that my car was going to need Ј700 worth of work by the time the MOT was due in February. After being told that, I knew the car was not economical to repair, and I could not afford it.

He then told me that he should be able to do me a deal on the car I tried to buy in March, as it was still on his forecourt for sale. I agreed to this, as the HP on the car was going to be much less per month than paying Ј50 per week for the outstanding bill and then Ј700 in February.

I made 4 Payments of Ј50, as per our agreement for me to pay of the first invoice.

He told me that he couldn't use my car as a Part Exhange as the finance company would look much more in my favour if I put cash down on the car. We agreed that I would put down Ј495 in cash for the HP agreement and he would take my old car in to pay off the remaining invoice and to put 6 months tax on the new car. I didn't have the full V5 for my car when I traded it in, but I promised to get a duplicate and give it to the dealer.

All was fair and we were both happy with that.

Firstly, I had to wait for the car. It was supposed to be picked up on 26th November. The car wasn't ready until 5th December because he was fixing a fault with the rear lights.
From the 1st day the car was faulty. There were so many faults that it is hard to know where to begin.
-On the day I picked the car up, on my way home I got pulled over and fined because the rear lights didn't work. (The fault that he spent 2 weeks 'fixing')
-When I got home, manouvering into my parking space, I could hear a whining noise. I checked the fluids and there was no power steering fluid in the car. He topped it up when the car was returned to him
-The Headlights didn't work. They were not the correct lights for the car and they kept blowing fuses because of shoddy wiring (done by him) I purchased the correct headlights and wired them in properly
-It had big alloy wheels on it, and they rubbed on the wheelarches so you couldn't put the car on full lock. I purchased the correct alloy wheels for the car
-There were so many knocks and bangs from the front end over bumps. He fitted new drop links. Car still baned throughout my ownership
-The car was full of mould from the roof leaking. I cleaned it
-The roof leaked. I fixed that
-The stereo didn't work. I purchased a new stereo for it
-The coilpack failed. He replaced this
-There was an ABS Fault. This was never fixed
-The speakers were blowing. I purchased new speakers for it
-The car was never serviced when I collected it. I serviced it myself
-The rear brakes started grinding. He replace the brake pads
-The battery was knackered. He put a new battery on it
-The clutch 'juddered' making pulling away very difficult, and eventually exploded. I told him about this during my ownership, nothing was done
The final fault left the car undrivable, and by that point, I'd had enough and wanted out of the HP agreement.

In total, I took the car back 13 times in the month that I owned it. A lot of the time, while I was there, my car was never repaired. It just sat around all day whilst I wandered around town (no courtesy cars available) for hours, until the time he said the job would be done. Only to find on my return that the car hadn't moved, or been touched.

I know what everyone is thinking... Why did you keep going back there. You should have rejected the car Etc Etc.... Yes, I know. Hindsight is a wonderfull thing. I believed he would be true to his word and repair the car and considered him friend. Clearly a mistake.

The dealer was on Holiday at the time when the clutch went, and nobody knew when he would be back so I was dealing with the finance company direct.
The director of the finance company came out to look at the car, and was completley disgusted at the state of it, and even told me that he would never trade with the dealer again.
The finacne company refunded my deposit and my 1st months payment that I had made.

When the dealer got back, it took him a whole week to collect the car. When he collected the car, it was freshly washed and hoovered out.

The dealer wasn't happy that I went to the finance company and got my money back from them, and after a few arguements over the phone, it ended with 'See you in court'

He is trying to claim that I did not give him my old car to pay off the invoices and tax the new car. He is claiming that I Part Exchanged the car and still had the invoices outstanding. Even though it states on the finance agreement that I gave him Ј495 cash. He claimes that was a mistake. He sold my old car on for Ј750.

A couple of weeks later, I got the paperwork through the post for the court case. He claimed for Ј1033.77 this is for:
Ј580 invoice
Ј134.75 tax for car
Ј75 obtain V5 document
Ј234 cd/radio
Plus fees.

He claimed that I haven't paid him any money for the Ј580 invoice.
He claimed that I agreed to pay for the tax
He claimed that I never gave him the V5 document
He claimed I removed the stereo. (which I did, but I had it in my possession, and offered him to pick it up many times, but told him that he would have to sign to say that he picked it up, which he never did)

I had a Ј649 counterclaim (but I didn't pay for a counterclaim upfront because I was told that it was too late for me to do so, and it would be allowed on the day as the fee would be added to the bill)
I have all evidence to prove I spent that much money on the car.

I lost the case.
He was awarded over Ј800 (the Ј234 for the CD/Radio was stuck off as I took it to court to give to him)

I feel very much as though I had an unfair hearing. All of my evidence was completley ignored.
I have a reciept showing that I paid Ј200 for the Ј580 invoice (he wrote that I had paid himself and is now claiming that was for previous invoices, even though he had no proof of any previous invoice owing because I had never ever used him to do any work before)
He did not have any proof of the application to DVLA for the V5 document for my old car.
But he was still awarded all the money that he asked for. I was completley walked over.
He is claiming that the 'modifications' I did to the car ruined it and caused him to scrap it.
He is claiming that I maliciously ruined the car.

My partner was emailing the finance company about the return of the car, and made a mistake saying that we traded in the car for Ј495. This was a typo, and I called the finance company to correct it. The dealer has based his whole defence on this email pretty much and the court believed him, even though on the offical legal finance document, it states that I gave Ј495 in cash and the 'Part Exhange' box has been crossed out as there was no part exchange.
How comes his 'mistake' on offical paperwork (which was filled out by the finance company using information the dealer gave him, then sent to the dealer to check and be signed, then sent back to the finance compnay to be re-checked and signed by them) is allowed to be considered a mistake, but my partner sending an un-offical email from his iPhone to te finance company that was then corrected is considered gospel?

The finance company has sided with the dealer (they go back a long way, they were at school together) and the dealer has got a statement from the finance company saying that he gave me my money back in haste because his grandaughter was poorly, and if he had time to think about it, he would have waited until the dealer got back from holiday before doing anything.
I don't know how that can hold up, because he gave me my Ј495 cash back which was on his offical paperwork (plus my payment). There was nothing to act in haste about.

I don't know whether to bother appealing against the descision, as I know I am in the right, but he has fabricated a load of false evidence, yet the court has believed every single word. I have no extra evidence, other than what I provided.

Now, I have been ordered to pay the amount I 'owe' within 14 days.
The problem is that I have no money. I have no assets.
I am a full time carer for my partner who is on ESA. I get no carers allowence or anything like that. The ESA money is for him to live on. All I get because we are a couple is my 'stamp' paid.

What happens now? I have nothing to give him. I have nothing that is worth anything. I don't have anything because everything is belonging to my partner.

What can/should I do?

Sorry if I have caused any confusion, there was a bit of a back story before getting to the point!

Best answers:

• civil cases are not the same as criminal cases where something has to be proved without doubt, judges make decisions on the balance of probabilities
  did you seek any legal advice before the case to help preparing it, from CAB for instance ?
  the only way to appeal a case is if there is a mistake in law,
  from the sounds of it it sounds as though there isnt
  they just presented a better case.
  im not sure what sort of finace company and car dealer this is where they sell cars that are unroadworthy, go to school with each other etc
  sounds all very dodgy to be honest.
  the fact you mistook friendship for some one trying to make money from you means you were on the loosing foot from the start
  the car sounded a heap from the offset, so I dont know why you accepted it or even wanted to buy it
  have you done a full benefit check up from the details on the forum ?
• Thanks for your reply.
  I did go to CAB before the court case, and they told me that they couldn't see any way how he could possibly win the case.
  I can't even see how he presented a better case, the blatent lies he was telling and had no actual evidence to back it up. I was barely given a chance to say anything, and anything I did say was completley ignored.
  As I said in the post, I know hindsight is a wonderful thing. Looking back I wouldn't have had the car etc etc.
  What I am mainly interested in is what happens now, because realistically, I can't appeal against the descision.
  "Now, I have been ordered to pay the amount I 'owe' within 14 days.
  The problem is that I have no money. I have no assets.
  I am a full time carer for my partner who is on ESA. I get no carers allowence or anything like that. The ESA money is for him to live on. All I get because we are a couple is my 'stamp' paid.
  What happens now? I have nothing to give him. I have nothing that is worth anything. I don't have anything because everything is belonging to my partner.
  What can/should I do?"
• well they will have a CCj (county court judgement) against you and your credit file now
  so they can choose to enforce this through the courts if not paid within the 14 days
  they can apply to baillifs, they can seek to make an attachment order against any income (if you had some) or could make an application to be listed on your house if you own it so they would have to be paid in the event of sale and and could force the sale of the house to make this happen.
  The could escalate it to the high court, the enforcement officers from there could then gain entry to your house and make a walking possesion order to sieze goods to the value from your home + costs
  there are a lot of "they coulds" there but wanted to give you the facts
  they could accept a payment plan from you... they are aware of your circumstances and that may be a better way... get it in writing they are happy with that though (if you need to go back to court)
  you could seek a separate court claim against them for your costs incurred from the car... would need to speak to more advice from CAB on this though
  did you sell on the alloys you took off ? they have a value too
• Thanks for the info.
  Obviously, it isn't going to be paid within 14 days.
  I can't see them making an attatchment order as I don't recieve any money,
  I don't own the flat we live in, that is rented unfurnished and the housing benefit pays for that,
  I don't actually own anything, so I have no assets for any baliffs to take, even if bailiffs did come out to the flat, there is not enough in it to even cover half the debt. Does this mean they will take everything my partner owns and leave me still owing?
  The dealer will not accept a payment plan. I know I haven't asked him at all, but I just know that he won't accept anything other than the full amount paid in one go.
• When we were in the courtroom, the dealer had photographs of my partners car and was asking the judge about the car if I could not pay him the money.
  Now, the car is my partners car, and always has been. He is the named keeper, and he is the insurance policy holder. The judge did say that she could not comment on this as it was too early.
  I took to court, all my bank statements for the past 2 years showing that the only money I recieve (it goes into my bank account) is my partners ESA and is payed in under his N.I Number. Again, the judge said that it was not the time to discuss this there. It will be at the fines office.
  I was just worried about in 14 days time, some bailiffs turning up at the door and taking all my partners things as we don't really have any proof of ownership as such because all the things are 2nd hand and old.
• Thanks again for the response
• The court bailiffs won't turn up in 14 days.
  The claimant will have wait the 14 days to apply to the court (and pay) for a warrant to get the bailiffs involved, and they will usually write first which will give you the opportunity to explain you have no money/assets.
• Having ready your tale, I had a feeling the court would find against you - the CAB, as ever meaning well but only providing moral support and nothing more. With no assets, you really have nothing to worry about, as he first rule in taking anyone to court is to assess the nett worth of the defender.
  Skip this, and it is just more money being wasted. Your CCJ will be spent in 6 years, so move on and think positively!
• Thanks for your responses.
  I really do hope that I have nothing to worry about. Everything that happens to me, goes the worst way it could possibly go.
  It is even worse, because my partner is sick, and all this stress does no good at all.
  When I was in court, everything I said the judge told me was irrelevent. I think that she must have just got out of bed the wrong side and took it out on me.
  It is a shame that now I am stuck with a CCJ for the next 6 years which will destroy my already poor credit rating when I am the one who has been royaly screwed over, and he gets off scott free and is going to try and get his mitts on my partners car.
• I have just been on the phone to the court and my local Citizens Advice.
  They have told me that if I do not pay, they will send bailiffs or he can appoint his own bailiff to come and collect.
• As previously posted, he will have to spend more money (Ј100) getting a warrant from the court to send a bailiff.
  Just good money after bad as you have neither money nor assets!
• I can understand that, but that money is added onto my total owing.
  So what happens when I have bailiffs knocking at my front door? Do court bailiffs have a right to gain entry? What can they take? Can they take my partners car and/or all his belongings?
  I have an application for suspension of a warrent and/or variation of order form (plus a fee remission form as I don't have the Ј40 they want for it) which I am going to fill out and return, but then, it is the courts and the claiments descison whether to accept my offer of payment which will be around Ј0.00 and I can't see him accepting that as a payment plan!
  I have called the claimant today to tell him that I have no money and no assets to pay the debt, and his exact words were "f**k Off", so he has no intention of listening to anything I have to say, and isn't going to accept anything at all. So he is going to take it all the way and I can't do anything about it at all.
• only high court enforcement officers or sherrifs have right to gain entry but rarely do except to commercial premises
  county or private courts baillifs dont have that right
  they can list anything that is yours in a possession order including cars
  but you have a period to prove they dont belong to you (car in partners name etc) so are you married ?
  if partner has different surname, state everything is his and you only live there.... ?
• No, the Bailiffs have no right of entry so do not open the door to them (some can be rather persuasive)!
• Yeah, we are not married and his car is in his name. As it is his car, it has always been in his name.
  We are both on the tennancy agreement (as we both live here) but that doesn't say who does what etc.
  Also, the court have spelt my name completley wrong from the word go. I have asked for this to be corrected, but they haven't. Does this mean anything?
  I am having a bit of trouble filling out the fee remission form and application for suspension of a warrent and/or variation of order form though.
  They are asking for the total household income (which is my partners ESA) but only my expenses (which is nothing as my partner pays for everything) so I don't know what to write, as I don't want it too look like we have this money coming in, but no expenses.
  From the courts working out on the fee remission form, it states that they allow Ј159 per month for a partner and Ј315 per month for living expenses, but they aren't my expenses as it is all my partners income. Taking off my rent (by their figures) leaves Ј14.68 per month as disposable income, but again, this isn't my money, it is my partners.
• cam I ask why you arent able to claim carers allowance or similar ?
  does your partner get dla on top of esa ?
• The jobcentre say that I am not allowed carers allowence on ESA
  My partner has made 2 unsucessful DLA applications, and his support worker has made 1 attempt to get DLA but that was unsucessful.
  His doctor has signed him off work completley, as has ATOS (he passed ATOS 1st time). When he was asked to go to a Back To Work focused interview at the jobcentre, and the interviewer said there was no point attending as he is too ill and realistically isn't going to be able to work for a long time.
  The flate we live in has been adapted, everything is on groung level with no steps, all the plug sockets have been raised, but DLA will not allow him at all.
  Edit: If needed, I can PM more info. Just don't want personal info on a public forum
• no not needing more details
  jut trying to ensure you are maximizing your income potential