Qurestion on Small Claims

Schnooks

Hi All

Apologies if this is already posted somewhere, but I cannot find reference to it.

So my missus and myself are in the process of taking a vendor to the Small Claims for selling us faulty goods (a car), which they completely deny, and which has cost us a large amount to repair.

As the Small Claims have not managed to get them to agree a settlement, and they are basically telling us to get lost, this is now going to be heard in the district court (Small Claims section). I have read up a bit on it and I know we don't officially need a solicitor. I imagine they will have one who can question us as the claimant/witness and I imagine they will try to intimidate us. But we believe we have an airtight case, with numerous documents, engineer's reports and receipts confirming our case.

My question is, if we just go to court and tell the truth, is this enough? Or should we engage a solicitor ourselves at added expense (can't claim for costs)? What would be normally done in these situations?

Appreciate any feedback
S.

Paulw

I took a company to court. They turned up with two solicitors. I was there by myself. I had all my facts and details ready. They lost. The judge deemed that I was in the right and they were in the wrong.

If you have everything prepared, then there should be no need for you to have a solicitor. The idea of the small claims court is that you can do it yourself.

Schnooks

Thanks for that Paulw, that's kind of what I was thinking too.

As you say, so long as we have our facts and details ready and convince the judge that we are telling the truth (which we are), no fancy solicitor can throw anything at us.

I will have to coach the missus with pep-talk and have all the facts at the ready - she is the claimant (her car) and is very nervous about taking the stand. I may also be asked questions as a witness. The registrar should already have all the documentation and correspondence records that we sent a while back, but we will bring all of that to the court also.

Paulw

For me, there was no "taking the stand" as such. The judge asked me questions, asked them questions, looked at the documentation I had, and made his decision.

Have the paperwork, have the timeline, have everything to hand, and it should be simple. Have some notes for yourself.

Schnooks

Even in the district court there was no "taking the stand" required?

Was it in a large public courtroom or just a small private room? My understanding is that this will be a public court. Never done this before.

Paulw

Public courtroom. It was held after some traffic cases, so I saw people on the stand. But, for the small claims, the judge just asked questions and examined the documentation.

davo10

Was the vendor a car dealer or was it a private sale?

Atlantic Dawn

Was the car €2000 or less? That's the limit for small claims court.

Did the terms of the warranty cover the issue you are having?