Thanks folk for the great opinions!!! Nice one.

Thanks guys for all the fab comments. i really appreciate it. It's very valuable to get others perspectives. thanks again:wink:

Thanks again Rae

Thanks for all the comments. Helio/Oddjob. Your language is quite gruff and uncompromising!!! Ok £450 to you maybe not a lot of money but to me at that time and those circumstances it was. It took me nearly 3 months to save up enough money for the clutch and it is all relative to ones' means, to me it isn't frivolous. The car couldn't do over 40mph and I couldn't drive it at all for 3 months, from the day after I picked it up, until it was repaired. In other words I'd might as well just flushed the cash down the lav. I was extremely miffed as you can empathise. The reason I didn't drive it back was that I had contacted the seller who refused to refund me, so that wasn't an option. I couldn't exactly use violence to get it. It was advertised as in 'excellent and very reliable condition' it patently wasn't, it was undriveable. what would you have done?? Not even contacted the seller and complained?? Yes I made an error and was being exploited. Who hasn't. Funny, I thought access to a small claims track was supposed to give low end claims or claimants a fighting chance for justice. I'm glad you're not my judge then helio!! Weird thing is I offered to try and limp the car back to her the next day and let her keep £100 of the sale price, she refused, now she has already spent at least £80 on court fees, go figure

Thanks Crem for the information. I take your point that really I haven't anything to lose by engaging with mediation. I think the defendant is probably not willing to compromise, as they've have ample opportunity, but if they don't agree to it then I know that it will go straight to the hearing. I am willing to compromise just to conclude it all. I have to get the form back in a week so food for thought...... Many thanks

Thanks Conniff you're a star!! Yes I do have the the original ad that i have already submitted as evidence. One of the reasons I didn't test drive it was that i would have had to activate insurance then if I didn't want it I'd be out of pocket. i have definitely learned my mistake!! thanks again.

Thanks or the reply Rae. I agree with your point if I'm treated under the new regs. However I have been contemplating the issue under the regs at the time I was placed on the WP which doesn't have the explicit mandatory criterion. I'm uncertain whether the new regs are retroactive. Thanks a bunch for your input nonetheless. Matt

Hi Guys, I am part way through a small claims for a car I bought last year from a private seller. The car was advertised as 'in excellent' condition in an ebay advert and I bought it but after the ebay listing had finished so was not entitled to any buyers protection. Anyway I paid in cash for it without test driving it and discovered that the clutch was blown as on the way home I couldn't get about 2krpm without extreme slippage and burning. i complained within a few hours to the seller asking for 50% contribution towards a new clutch or returning it and offering her to keep £100 fo the cost. It was a Toyota Celica 1997 and I paid £450. Anyway after getting it repaired, without using it for 3 months due to not affording the repair. I made a small claims and the defendant didn't reply to the papers within 2 weeks so asked for a default judgement which I was awarded. they challenged this and the judgement was 'set aside' two weeks ago. Now I'm back to square one. My question is shall I on my allocation questionnaire express an interest in 'mediation' or just proceed to the court hearing?? Has anyone any knowledge/experience of the mediation process?? I didn't pursue this originally because they didn't want any contact with me or they'd report me to the cops!! Thanks for any help

Hi everyone, hope you're all great. I have a question about whether, in my specific circumstances, I am compelled to participate in the governments Work program. My specific circumstances are as follows. I have been on the ESA (WRAG IR) due to long term mental health issues since 2009. In August 2012 I was given the option to voluntarily attend an information session at the local provider which I did. I was under the impression then that it was a voluntary commitment. A week or two after that I was informed that due to what I thought were extremely complex and unclear reasons, that I am a mandatory participant. I would prefer not to have to attend at the moment as firstly I think it has very little substantive value and secondly I am at a critical part of treatment and having to attend induces a lot of anxiety and stress that just retards the purpose of transitioning back to work. I have contacted CAB and they were unhelpful and confused about the regs so I did my own digging. Prior to 10/9/12 (it has changed now) in the guidance for providers document there are 6 categories of supposed mandatory ESA claimants. The one which best related to me is the one below. Existing claimamnt being someone who's first WCA was decided before the 'Pathways to Work' had ceased. 'Existing ESA (IR) WRAG with 3 or 6 Month Prognosis. Optional from WCA outcome WP ESA (IR) WRAG 3/6Mth Stock PG 5 Mandatory' http://www.dwp.gov.uk/docs/wp-pg-chapter-2.pdf This is the updated version. To me this implies it is optional from WCA outcome but it's in the mandatory category. I see this as ambiguous. My last WCA was in October and I haven't been informed of the prognosis estimate. I wanted to obtain some independent advice as I fear if I ask DWP directly they will fob me off or mis-interpret the convoluted regs anyway. can anyone spread some light on whether I am a mandatory participant or not?? Many thanks in advance:wink:

I thank you all for your comments, most helpful. I think If I replaced the clutch it the cars market value would be less than the money I would have paid in purchase price and for the repair. Hence I may as well start a claim as it wont cost me anything and have nothing to loose. I thought I got a market rate car, as it had some body damage, but that would have included a working clutch hence my vexation. I certainly have learned a lesson and I know how to check for clutch wear with the car stationary. I will not loose any sleep over this I just need to mobile again. fundamentally I just think the vehicle didn't match it's description, was arguably unroadworthy due to lack of acceleration at junctions and her overall attitude. She threatened to report me for harassment. I don't think childish sarcasm from a previous poster is called for though. Also, i may be wrong, but the impression I get is that the moderators are over officious and censorship and display partisan support to some veteran posters and are not totally even handed. Thanks again

Ok, I've clarified now according to the advice guide. I need to state that I'm making a claim for some recompense based on it not matching the description and it being un-roadworthy. I barely got it home and there emanated a fried disc smell from the clutch housing. Thanks

Dx. Thanks for the constructive comment. Why shouldn't I mention SOGA? that is the pertinent statute is it not?

Wow people are touchy here. Obviously not freedom of speech! What I said about my sister being a magistrate was not implying that she would use her position to be truculent on my behalf merely that she has experience in the law and may prove helpful in support. Guess I should have elucidated that, didn't really know people were so up tight, chill! helio. trust me you'd be surprised what JPs get up to if you think this is big fry lol If you're that sensitive I could tell you a few things that would make your hair stand up!!

Don't worry, I've noticed the feedback mechanism!!!

Yeah, Probably worth fixing as it will provide peace of mind or the clutch for the future. I'm going to make a decision in the next day or two!! Looks like a sound car apart from said clutch. what feedback are you referring to?