Small Claim or Simple Procedure

[Golliwog]

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) ?

[MIKE770]

Letter to complain about faulty goods bought from a company

[R0b]

Hello

Consumer rights laws generally allow consumers to sue in their own jurisdiction where they are domiciled. It's not clear if this is a business to consumer sale or a private sale but unless there were any terms of agreement that restricted or prohibited your daughter from doing that.

Be mindful that if proceedings are issued in England or Wales, there may be some additional steps required to serve the claim form in Scotland. From memory, I think your daughter should be fine because one of the conditions is that the defendant is domiciled in the United Kingdom and although I'm pretty confident that is the case, I can't be 100% certain.

[Pezza54]

If your claim is over £3k but less than £5k, court claim and hearing fees are less in Scotland than in England. For claims over £3k expenses are uncapped in Scotland but capped in England up to claim value £10k
If you win you can recover your fees but if you don't win you could lose more in Scotland if your claim is over £3k
You can make a claim in England against the dealer in Scotland but I don't think you can use MCOL
You should select your local county court and upset the dealer who will have to travel from Scotland if he defends the claim.
I take it you only had 3rd party insurance, not fully comp?