Hi there. Hoping someone can help! I recently won a small claim against an individual for money they owed me for freelance work they received a court order to pay me the full amount. They then filled in an application to vary, I refused their offer on the grounds that they were lying about their income, and it went back to court. The defendant didn't turn up, and I've now received a "General Form of Judgement or Order" saying the following: "IT IS ORDERED THAT The Defendant's application to vary be struck out." I thought the defendant was going to attempt to argue that they could only afford to pay a small amount per month, this week the attendant also received an "Order to attend court for questioning" from me, which is now scheduled for next month. My question is what should I do now? Should I just go through with the order to attend court for questioning, or is that not necessary now that the order to vary has been struck out? I'm pretty sure the defendant won't pay me by themselves since they've been quite belligerent throughout the whole process despite admitting they owe the money and having no proof to the contrary. Thanks in advance

June 2013 we were quoted for the cleaning of our offices by a company called GCC. We agreed a scope and a price. The contractor who took the job was rubbish and we complained to the head office. They got worse and we complained again and told them we no longer wanted to work with them in December 2013. They wrote back saying that because we had signed a 2 year contract we had to go through their official complaints channels and we could not leave them. They made lots of empty promises and promised better cleaning. This did not happen and in fact the cleaning got even worse. We had a couple of incident of the cleaners using toilets without closing doors when clients were in the office (yep that professional) and no shows. It reached a head and we finally just told them they had to go as we were paying them almost £200 per month and our staff were having to do the cleaning as they were doing nothing. They have now sent us a final bill saying we owe them until June 2015 as want to end the contract early. Surely we dont have to pay this do we?? We gave them plenty of chances to provide the service we agreed on!! Surely the T&Cs of their contact cant keep us bound to them for 2 years when they are not providing a service. Let me know if you have ever dealt with the same. thanks

Hi, I'm hoping someone could give me a sense check here: I bought a fairly expensive toy on line, when we received it the finish and paintwork was really poor. I contacted the seller who acknowledged the quality issues and offered a partial refund which wouldn't really cover the problem. I've asked for a refund to be told i have to fund return postage (I'm well aware this is wrong under the sake of goods act) and that the retailer will inspect the item and decide how much of a refund they feel like paying as the item as been taken out of the box and therefore according to them isn't in the same condition and worth the same amount. This has gone on for a period of time and ultimately left me unfortunately having to refer the matter to the small claims court. The retailers defence is that I haven't incurred a loss as I haven't sent the gods back for them to inspect. Given they expect me to fund postage and have stated they want to value how much the item is now worth, I've not returned it and am happy for the court to decide What do you think, should I send it back or hold on to it?

Hello I'm just wondering if anyone could give me a bit of a heads up/advice. background info first...sorry it is really long. My sister had her child attend a nursery. The nursery said that parents were allowed to put a sign in their cars to pick up/drop off children from the nursery (the only parking nearby was on double yellow lines/council enforced parking regulations). They said they had an agreement with the council. Sis had a parking ticket come through the post. Took it into nursery who assured her they would deal with it, not to worry, it shouldn't have been issued as there was this agreement in place. (Sis had parked car and put the sign in front as requested) Sister moved a month later, although did not leave a forwarding address for the nursery (no reason to as child obviously not staying) the nursery were aware she was moving out of area. A year later, she gets a hand delivered bailiff notice come (court bailiffs not private) through saying you need to pay now or we will take the car. Total bill was for 366.44. Paid the bailiffs because could not afford to lose car or anything else. Spoke to council who say that the nursery never contacted them, although nursery have provided evidence to say they had (evidence being an email to the council regarding another parking matter with a query about sis's ticket tacked onto the end). Council wrote back to nursery saying they would put the matter on hold to investigate. They obviously then went to court when the ticket remained unpaid. Obviously sis never had anything in the post - council say NTO was sent before she moved but this was not received. Nursery did not inform the council she had moved, so council were unaware of this. She spoke to council, who say that no agreement was in force with the nursery, and that normal parking regulations were in place. she can no longer appeal it - as the time limit has passed, plus as it has been paid, it cannot be appealed anyway. Nursery say that it is nothing to do with them, even though they had assured her they would deal with the ticket. They advised her to go to the parking tribunal as they had had a successful case based on the councils procedural impropriety. She spoke to the parking tribunal who said she wouldnt have been able to go through them as the correct procedure wasn't followed between nursery and the council. The nursery did not formally appeal the ticket except to complain via email, and consequently the council did not send a notice of rejection. As the council are saying they followed the correct procedure in ensuring the ticket was paid, and can no longer be appealed, and the parking tribunal have also said that a case cannot be bought via them, she has (wednesday morning) started a small claim against the nursery to cover the costs of what she paid to the bailiffs plus the court fee so total of 401.44. (had previously sent LBA) Thursday afternoon she gets an email from nursery (after not hearing anything since July and them refusing to answer her calls) which was a copy of a strongly worded email sent to the council about the whole mess and asking them for £500 to cover their costs. She gets another on Friday afternoon saying the have had the claim and will be defending it. Said they had emailed the council 3 times since July to complain about the mess although nothing was ever communicated to sis. I have my doubts on this. I have asked sis to call council and find out if this is the case, but she was unable to do this then so will call Monday. They sent a copy of the adjudicators decision for the successful claim at the parking tribunal. Interestingly he notes that there was no evidence of a parking agreement in place between nursery and the coucnil, and so rejected the nurserys claim for this, but found the council had acted too soon in issuing. ..whatever it is they issue so upheld the nurserys claim based on this. In my opinion, they had the claim Thursday, and sent the email to the council as part of damage control. But perhaps thats me being cynical! Should she continue to ask the nursery for the money back? Should she withdraw from the claim and just forget everything? She feels nursery are liable as they did not appeal the ticket in the way that they should, but she is getting so confused. Now I have sis worrying, which is the last thing she needs right now. All she wants is to get her money back that she paid out for a ticket which she shouldn't have had to pay for. If you made it this far....thank you

I have taken a lettings agency that let my property to the small claims court and have received a judgement as they defaulted and did not reply to the summons. The judgement was mailed to them on August 3, so they have received it by now. I have sent a polite but firm email requesting payment in full within the next 7 days, but I'm anticipating that they will ignore this. The next potential step is enforcement via a third party debt order, but it states in the instructions that I must appear in person at the court when this goes to the judge. I'm resident in the USA, so this isn't practical. Does anyone know whether this can be done by Skype?? If it can't then what type of enforcement would be best? Would appreciate any help and advice - thanks in advance!

I received a penalty notice from APCOA back in July (2014). The offence was shown as '05-Parked over two bays'. (My car is the Kia Soul in the photo) Having parked in they spot and in the same way for 12 months and never received a ticket, I was surprised to see one on my screen one evening. I did write to APCOA and attached photos to show that the second 'bay' that they referred to was not a bay, but an old bay that now housed the CCTV camera pole and bollards, and therefore the penalty was invalid. They responded and said they upheld the penalty charge. I called APCOA and spoke to someone, who located my letter and actually agreed that I shouldn't have been fined as it wasn't a parking space. I also looked around online and saw that a lot of other people were having issues with APCOA and their 'fines'. I ignored their letters for more money, and was disgusted when they increased the fee from £60 to £155 because I hadn't paid them. Their letters stopped towards the end of August. This morning however I received a letter from a company called SCS (Small Claims Solicitors) based in Martin lane, London, stating that if I don't pay then their client will consider issuing legal proceedings. Also on the letter, it now states that I had two tickets issued, consecutive reference numbers, both on the same day, for the same car, in the same car park for the same offence - I must be good to be able to do this! They now claim I owe them £310!!! Has anyone else ever encountered SCS before, and should I be concerned? The letter threatens CCJ and attachment of earnings - I didn't think that a parking fine can result in such things? Any advice or assistance would be really appreciated, Thanks - Kaygee

Hi all. There is a whole long story but to cut the story short, I sent a company 3 correspondence. The last 2 correspondences contained invoices for my time. After nearly a month of no response, I decided to take them to the small claims. Instantly a director has responded to me by email and says they will not be paying those invoices. After a number of email exchanges and me repeatedly asking if the company had received my invoices, he finally said they did not receive my correspondence and warned me to drop the case against them otherwise it would result in costs to me! I have a certificate of posting for all correspondences and invoices. In court would a judge say that it is possible that the company did not receive the correspondence and hence invalidate my claim?

To cut a long story short (this is in an old thread I started around 18 months ago), we have a judgement for just over £6000, which we are currently attempting to enforce. We had an Examination done which gives all income/expenditure details, looking like we won't get much per month (£150 offered), but it we accept the £150 in a varied order, can it be changed afterwards (as declared in the Record of Examination is a large loan due to be paid off in around 2 months which frees up just over an extra £200)? Therefore after 2 months could we request £350 per month as this will be the amount surplus after this time. Other than that are there any other items I could discount (ie non-essential items/bills) which I could refuse to take into account? Many thanks.

I booked train tickets for the same train (23:30) on 4 successive Fridays and opted to pick up my tickets at Kings Cross station. On the first Friday I forgot my ticket reference and was suprised to find the ticket office shut and I later discovered Kings X shuts all ticket offices at 22:00 but there is an excess ticket window that doubles up as an out of hours ticket office. On that occasion I boarded the train without my tickets and the inspector agreed to look at my online booking (I don't have internet enabled phone but train has wifi and I had my laptop). I turned up at the station on the 4th and final Friday to pick up my tickets for the 23:30, and got an "unable to issue tickets at this time" message. I went to the excess ticket window expecting to give my credit card and get my tickets. Instead the officer asked for my booking reference, I gave it to him. He correctly quoted my destination and told me that my tickets had been printed in the machine. I thought this meant that he had just printed them. I went back and searched all the ticket machines - no ticket. It was now almost departure time and it was the last train so I hurried and got on. The ticket inspector asks for my ticket I explain that I don't have it. She says she will accept an online booking reference. No problem says I and log on with wifi on my laptop and then to my horror I find that the 4th of the 4 journeys had been booked on an earlier train more expensive train (and I dispute it was my error but it is moot anyway). I hadn't noticed because I was sent 4 different confirmations and had just checked the dates. They were all supposed to be for the 23:30. The long and short of it is I was issued an unpaid fare notice which I will dispute but I am prepared to file in small claims for. The reason is because I entered into a contract to pick up my tickets at Kings X and by reason of the ticket office being shut and the failure of out of hours window clerk to issue tickets I was not able to do so. Had I done so I would have realised the booking mistake before boarding and not gotten on the train and simply gone by coach the next day. The fare for the 23:30 was 13:30. The 4th ticket that was for an earlier train was 29.00 and the unpaid fare notice was 96.80. So I would be taking out a small claim for the recovery of at least the 96.80. I'm interested in the legal aspect and the likelihood that the train company will show up to defend the small claim anyway. I have told this story before elsewhere and would like to mention that I am not a fare dodger or a threat to the train company's revenue. An honest error was made somewhere possibly by me although I would dispute that but it is not one that warrants punishing a fare paying customer in that way.

Hi all, I'm really hoping someone can help me here. I'm a childminder and took a deposit from a customer in May to hold a space for them to start in September, I'll set the scene for how this happened below but I want to know where I stand legally as I believe I'm not doing anything wrong and just need some advice: May - Customer visited me and decided they'd like me to look after their child in September when the mum returned to work. They paid a £320 non refundable deposit (this was clear on the receipt) to hold the place for them June - I decided to move house to a more suitable property for childminding, 1.3 miles away from the previous address. Before I signed anything to move I notified the customer via email that I was considering moving to see if this would be a problem for them. They confirmed (again by email) that the new address was fine with them. August - 7 weeks after telling me that it was fine, they decided it no longer was ok because they only had one car and it would be logistically hard for them to drop off and collect their child (I had seen them selling the car and a lot of other stuff on social media sites in the previous weeks) and they'd like the deposit back. I replied explaining that I gave them the opportunity to say the new address wouldn't be suitable as I would have been willing to refund the deposit at that time as it was me that changing the situation. As it was a change in their circumstances and not mine - that the non-refundable deposit would be withheld. Bearing in mind I'd lost out on other opportunities to fill the childcare place in the gap between them reserving the place I thought this was fair. September - The customer has now filed a small claims court claim stating that I moved without consulting them and they asked for a refund. Can anyone help me with this please I have disputed the claim and sent all the email history in to back up my side of the claim but I need to know if I'm right or if I should just refund the money? Thank you in advance

Hello A woman took my husband to the small claims court for a cheque that she had made payable to me. At the second hearing the judge or sheriff (I'm not really sure what they are called) threw the case out as the case should have been brought against me. He then went on to explain to the woman that she should take a small claims out against me as it was me that she wrote the cheque out to. He then said it was me that was liable for the cheque, (even though I was acting as an agent for this cheque) and that if the woman takes out a small claims against me he would probably make a judgment in her favor. What I want to know is have my human rights been violated in this case, as the judge/sheriff has not afforded me the chance to put my case across and would not let me explain about the cheque and told this woman to take a claim out against me and she will probably win. I am now receiving abusive letters from this woman stating that as the judge/sheriff said it was me that was liable, she wants her money back. Any thoughts or help would be appreciated.

I'm not hopeful there is a solution at this stage, as I have left it too late to do much, so that's my own fault! I'm terrible for just pretending the problem isn't there I guess I just have to pay up and avoid going to court. The return date on the court summons is August 15th and calling date is August 29th. But if anyone has any ideas or suggestions, it would be much appreciated. I received a Small Claims Summons, a few weeks back now. Was surprised as I have no knowledge of this debt or the company making this claim, which is Arrow Global Guernsey, who apparently bought this debt from Phoenix Recoveries in 2011. It states on the court summons, that Phoenix provided goods to me on or around 22nd May 2004 for the sum of £123.58 and that is the amount they are claiming, plus court costs, total of £249.11. Obviously Phoenix did not "provide" goods to me, as they too are a debt collector, so I have no knowledge of where the original debts comes from. I would guess it was prior to 2004 though. I do know/remember in 2004, I went through a tough time with one of my boys taking seriously ill and subsequently having a bone marrow transplant. I'm more than aware I accumulated a number of small debts. I thought all had been settled and cannot access my Noodle account at the moment. Many thanks in advance!

Hi Everyone New to the site, been lurking a while however! I'm currently involved in a dispute. I've uploaded the description of the case as it's quite long and after previewing the post I figured nobody woud want to read it! As a summary however... 1. Purchased a second hand Micra for £2225 from a car wash 2. They claimed private sale 3. Car turned out to be a dud! 4. There is no record of the supposed car owner ever owning it 5. I've taken the car wash to small claims 6. They have defended the claim (with lots of fibs!) 7. I'm at the stage of returning the directions questionnaire... To be with the court by 23rd June 8. I would really appreciate some advice as to how to return my response. I've created a response that call each of the defendant's points in their letter into question but it's quite long (7 pages). Is this too much? 9. Do I also return all of my evidence, fully indexed, at this stage? Many thanks, I hope the attachment makes sense.[ATTACH=CONFIG]51606[/ATTACH]

Hi, I posted on here a few years ago when my partner was having trouble with Lowell, for years she has received threatening letters and finally a court letter arrived and she filed her defence as per the statute barred template defence from previous threads. They have come back saying as above, notice of allocation to small claims track so seem persistent. She is 99.9% sure she has not paid anything for 7-8 years on this originally Lloyds account but because they are pushing it is worried she has it wrong. She tried to call Lloyds a few weeks ago to ask when the last payment was made but they said it had been passed over and they couldn't give her the answer, is this correct? We have checked her credit report and nothing shows for Lloyds however it does show her defaulting to Lowells for the past 18-24 months. Are they allowed to do this? It appears they have just started a fresh record on her file from a start date that they have made up. she is now in a position where she needs to reply to the notice of allocation to small claims track but doesn't know what to put. We are both confused to agreeing when she has already defended it as statute barred. From reading on here it is up to them to prove it does exist but does that mean it can get to small claims before they provide proof? Any help on this issue is hugely appreciated. T he form has to be sent back by 11th August however the letter was only received this morning and we go away Weds afternoon so wanted to submit before then. Thanks Forest5

hi... very new to this and hoping someone can help... . i have received a letter today from money claims online saying judgement has been made against me for 235.00 and i must pay!!.... this is the first i know of any kind of official proceedings... . i was aware that a company had threatened to take me to court for 130.00 that i disputed owing them but i never heard any more.. well i callled and was told as i had not responded jugement had been made in their favour and i now had to pay 235.00 to them!! .. i said i knew nothing and they said a letter had been sent.. . i live very rurally and its not unusual for mail to not arrive so my argument is how if not sent recorded can this be the case. .. i was told i could get it set aside on a n244 form but it would cost me 155.00!!! help they have me over a barrel here they said that the rules are as long as they posted it its classed as served ?? is that right? any advice greatly appreciated thankyou

hi all i have been told to try this forum for advice. I have just received a small claims summons for action of payment at Ayr sheriff court about an outstanding debt, what i was hoping to find out is whether the debt is time barred? The summons says that the debt pursuers purchased the debt on the 12 December 2008 but i was lead to believe that in Scotland it was statute barred after 5 years but i am to attend court on the 15 of August. Any help is greatly appreciated as i`m pretty worried about this, Jan

hi all, i have just received a small claims summons for action off payment at Ayr sheriff court about an outstanding debt, what i was hoping to find out is whether the debt is time barred? The summons says that the debt pursuers purchased the debt on the 12 December 2008 but i was lead to believe that in Scotland it was statute barred after 5 years but i am to attend court on the 15 of August. Any help is greatly appreciated as i`m pretty worried about this, Jan

Hi All I really need some assistance on this matter. My mother in law is claiming money from me for a period that i lived with her 4 years ago. I lived with her for 4 months, i moved on and am still going through the divorce process with her son. She is claiming £4500 from me for expenses, food and travelling costs. She said there was a verbal agreement that i will pay her back and i can't remember ever agreeing on any amount. Does she have the right to do this? She said "dont worry you are family, i will look after you"

Hi, Basically i have an old debt with Capital one which has been passed onto Lowell DCA. I requested details of the debt under s87. DCA replied and sent a photocopy of the agreement with no terms and conditions etc. I then ignored the DCA to which northampton bulk centre stepped in and filled my defence asking for all GENUINE signed documents to be sent to me.. I have not received any documents from them since. I then received a notice of allocation to the small claims track hearing. The parties shall serve upon each other and file at the court 14 days before the hearing date A) Written statements of evidence of any witness. B) Copies of documents relied upon The original document shall be brought to the hearing. Is there anything i need to do or worry about with this case? What i must say though is the name on all documents that they and the court have sent has the incorrect surname on. As i changed my name since the last use of the card but before any action being taken. I have checked my credit file and also notice that they hold the wrongdate of birth on the account.

I am taking Vodafone to a small claims court. I purchased a Sony Xperia Z1 in April 2014 on the premises that it is waterproof up to a depth of 1.5m for 30 minutes as advertised on Vodafone's website. Upon taking the phone into a swimming pool for less than 10 seconds the phone became inoperable despite closing all the port covers on the phone. Upon calling Vodafone they said that the damage was not covered by warranty and that I would have to take it to a Sony repair centre at my own cost. I refused as I purchased the phone from Vodafone based upon their advertisement (Vodafone initially refused it was their advertisement and that they only put it on their website because Sony told them to). To cut a long story short they eventually agreed to replace my handset with a refurbished replacement. To my dismay this replacement was also faulty (Different faults) so I also sent this handset back for them to repair. Two weeks later and they have sent me back another broken handset. I have been using a temporary phone for 6 weeks, have spent countless hours talking to Vodafone and am at the end of my patience. Now I now wish to use my rights under the Sale of Goods Act 1979 and return the phone for a refund because: • The good is not as described (phone advertised as waterproof when it is not) • Fit for purpose (the replacement phones they sent are faulty) • Vodafone have failed repair or replace faulty goods 'within a reasonable time but without causing significant inconvenience'. What would be the best way to go about this? [ATTACH=CONFIG]51736[/ATTACH]

hi every one, New to this website and need some advice please. I am a chaffeur, I was issued a parking eyes ANPR ticket parking front of ( Holidays Inn Hammersmith Entrance ) to pickup a client. The ticket was sent on my old address. Based on the information on this website, I reply the Parking eye and told them that the ticket is not valid and they should cancel it. Also I inform Parking eye with my new address details. which they totally ignored and send me court summon on my old address two months ago. I read the information from this website and defend the claim according to the guide. Today I receive Notice of Proposed Allocation to the Small Claims Track. My question are. Does the parking eye taking the case to court hearing? Do I need to reply to this proposal? what are the odds to win the case if they are going to hearing? Place where I Parked: Its a hotel on King Street Hammersmith, which has a private road on the side and the main entrance is on the side private road. The ANPR camera is at the entrance of the road but not at the entrance of the Car park which is at the end of that road. here is google streetview version. So as you can see the set down and pickup is not in the car park but front of the hotel door. I dont occupied any parking place to pay for it, so why would I pay for it? any advice welcome please.

Hi, I'm currently helping a relative defend a case that was filed against her from an estate agent who carried out unsafe works in her property at the beginning of the tenancy. The Claimant is represented by a solicitor, and my relative (Defendant) is litigant in person. Both parts provided written evidences and witness statements to the court but the Defendant received two weeks ago the court letter ordering: - The case be listed for 06 June 2014 with a time estimate of 1 and half hour - The Claimant to file and serve a reply to the defence at least 3 days before the hearing - Claimant witnesses to attend to give evidence Also, can the Defendant ask to the court : a) the Claimant to file and serve a reply to the defence at least 14 days before the hearing? b) A further 1 hour for each claimant witness in order to allow the Defendant to question them accordingly [as we believe the Claimant is going to provide fake witnesses and also commit perjury (the Claimant has never talked about any witness in his statements)]? Thanks

Hi, I believe I am due £3500 from Thomas Cook for a 22 hr flight delay in July 2009. I have been told by Thomas Cook they will not pay as the flight delay was down to 'extraordinary circumstances' - but it wasn't, the plane broke down. I took my case to the CAA who agree with us and say TC cannot rely on that excuse. TC are ignoring my demands for payment (there's a 5 year rule up here for flight compensation), so next step is small claims court. However, I live in Scotland, but TC is based in England. I have been onto the Scottish Courts website but it is horrendously complex, loads of horrible forms and suggests hiring a lawyer, which seems mad for a small claim. Anyone got any advice? Many thanks.

Hi all, I have been named as the defendant in a small claims case that I believe to be groundless. It relates to a 2 year old parking accident causing damage to another parked car (unoccupied) which was fully resolved with my insurer at the time. 2 years later, and with no prior correspondence, a claim has arrived for damages relating to a week's lost wages even though the settled claim included a substantial hire car charge. I assume that I will get this easily thrown out, but because I now live abroad I am unable to be present to defend myself. Do I have to pay for a solicitor to defend a nuisance claim, or can I request that my written defence be considered by itself? I have a relatively short window to respond, and this is entirely new and unexpected so any advice would be gratefully received.

Hi guys, I purchased a car 2 weeks ago from a second hand dealer. I drove it the next day and on the way home (at night) and realised that the lighting on the dash had gone. I couldn't see how fast I was going, how much fuel I had etc. I thought, "I'll take that back tomorrow and get that fixed." The next morning (less than 48 hours after purchase), I noticed a massive oil puddle under the car I've just bought. I drove the car back to the dealer and he apologized and got a mechanic from the garage next door to take a look. When he dipped the tank, there was zero oil left n the car, it was bone dry. The mechanic said it was a rear crank shaft oil seal that had gone and that although the seal itself is cheap, labour costs would be substantial. The dealer said that he would cover the costs but would have to get his own mechanic to take a look. This mechanic was on holiday and would not be back until Monday. (Today was Friday). I said it wasn't ideal because I'd have to find a way to get to work, but I'd deal with it, so I got a lift where I could. I did ask if I could use a courtesy car and his worker said there were no cars available and even if there were, I would not be insured. When the Monday came, he phoned me and said that he had ordered the seal and that the worng one had turned up. He was very sorry, but I would have to wait a further 4 days. Thinking there wasn't much I could do, I thought I'd be reasonable and get a hire car, so paid £142 for a hire car for this 4 days. The day came when it was going to be fixed and surprise, surprise....another phone call and another delay. A friend of mine who is a mechanic (but unfortunately lives the other side of the UK) told me that the laour time for this job is about 5 hours tops. This time, I wasn't prepared to wait any more or pay out for taxis or hire cars and so I said I wanted my money back instead. I said I'd waited enough for this repair and the car was not useable. When I phoned and explained to the dealer that I wanted my money back, I explained that I was having to pay out daily costs for taxis, hire cars etc to which he asked why I didn't get given a courtesy car. When I told him I had asked and was told no by his co-worker, he apologized and said that I had been given the wrong information and there were indeed a choice of 5 cars I could have used! Having these faults within 24 hours and still not fixed 13 days later, I persisted and said I wanted my money back. (The £1000 I paid on debit card and the £400 trade in I got for my car). When I asked if the car had been PDI tested, he said it had not been and "do you really think I'd sell you the car if I knew it was like this? Trust me it's as much trouble for us as it is for you." He then said the car was not actually his and it was another dealers. He would phone them and see what they wanted to do! 20 mins later he called and said the dealer said he wasn't willing to give me a refund and I'd just have to "wait it out." I said that this was unacceptable and that the receipt was for his dealership, not someone else's and the money was paid to his dealership too! He asked if I wanted him to repair the vehicle when he gets round to it and I said he could do as he wished as I was rejecting the car back to him and would not be driving it again. The car is still with the dealer with the faults. I ended the call and have written a letter stating why I want a refund and that I would like a refund/response within 14 days. The letter was sent tracked as well. My question is.....what sort of chance do I stand if this goes to small claims? (Sorry in advance for using too much info, I didn't want to leave anything important out so thought I'd give as much detail as possible!)