I need to determine which legal procedure applies. My daughter bought a car in Scotland and on the way home a wheel came off. The Seller has denied any responsibility despite this happening within 1 hour of leaving the garage. He was not willing to take the car back, nor was he willing to make repairs. We towed the car to England and got repairs organised.
We have been in touch with the seller to try and resolve the deadlock and have finally sent a letter before action without any response.
We have contacted a number of specialist solicitors in England who are not willing to give advice as the claim is below £5k and financially of no interest to them.
I have contacted Consumer Advice who have been helpful, however they have referred me to the local Citizens advice for the legal question of where to lodge the claim. However the local office is not taking calls and does not provide this kind of assistance. Scottish Consumer Advice and Scottish Citizens Advice do not provide assistance to people without a Scottish Postcode.
I do not want to incur the fee for the small claim in England if the judge then throws it out on the grounds that I should have done it in Scotland.
Can anyone help with which procedure to use, either Small Claims (England) or Simple Procedure (Scotland) ?
We have been in touch with the seller to try and resolve the deadlock and have finally sent a letter before action without any response.
We have contacted a number of specialist solicitors in England who are not willing to give advice as the claim is below £5k and financially of no interest to them.
I have contacted Consumer Advice who have been helpful, however they have referred me to the local Citizens advice for the legal question of where to lodge the claim. However the local office is not taking calls and does not provide this kind of assistance. Scottish Consumer Advice and Scottish Citizens Advice do not provide assistance to people without a Scottish Postcode.
I do not want to incur the fee for the small claim in England if the judge then throws it out on the grounds that I should have done it in Scotland.
Can anyone help with which procedure to use, either Small Claims (England) or Simple Procedure (Scotland) ?
Comment