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wishingforjustice

Injustice in the small claims court

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Please help! any advice very much appreciated.. :mad::confused:

 

I am having a nightmare with the small claims procedure, to sum up..Me and my partner hired a company for a 5 day driver training course some time ago, the instructor was negligent and incompetant, in that he fell asleep and then tried to tell us things that were against the dvla handbook (ie wrong), he also became agressive.

 

We stopped the training, contacted the company on the phone and tried to find remedy, asking for a different instructor or to do the course another time. We offered to do the course anywhere else in the UK at any time in the next 12 months. The refused saying we have to carry on or lose the course and our money (around £2000) :eek:.

 

Having given up we talked to the instructor..On talking to the instructor he agreed with us that he would supervise our driving but not teach, we agreed to this and drove the rest of the day.

 

The next day the refused to teach us together, this was a part of the agreed terms, we refused this change in the contract and they refused to supply the rest of the course, telling the instructor to park the vehicle and go home.

 

After the course we noticed they had taken unauthorised sums of money (on top of the course fees) from our visa debit cards.

 

We outlined the case and made a small claims court claim and appeared about 14 days ago in court. We lost the case and were made to pay their travel costs. The judge ruled that we breached the contract when we drove supervised, regardless of the instructor falling asleep, teaching wrong and becoming agressive prior to that, and regardless of the instructor agreeing to accompany us for supervision only.

 

I firmly believe the judge to have been incompetant and negligent (i mean, just the visa cards itself is theft no?), but i dont know what to do about it.

 

I cannot afford a solicitor now and i dont know how to appeal.

 

I feel so let down by this so called justice system and would really appreciate some help.

 

Thanks :)

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It sounds dreadful. First of all you have 21 days to appeal from the date of the judgment. What date was the judgment made ?

 

Also grounds of appeal include :-

whether the judge made an error in law by misinterpreting a statute and coming to a wrong decision,

 

or made a critical finding of fact which was totally unsupportd by evidence ..

 

It would help if you could scan up a copy of the contract - with your id (name, address etc. removed)


Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

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Your options are limited only to the causes listed above. It will also cost you more money, as you don;t get a retrial 'for free'. There is every chance if you had a different judge, it would have has a different outcome, but the law remains a lottery, and it may be unsatisfactory, but pragmatic to cut your losses unless on the evidence, the jusdgement was perverse.

 

The way to pursue this is by instructing a solicitor - if you cannot afford this, I'd stop now. There is no mileage in trying to upset the applecart from the outside - a solicitor will know the wrinkles, a litigant in person will not - making another loss possible, AND being classed as a 'vexatious litigant' and barred from using the Small Claim process for evermore.

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