What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks

Courting disaster

I feel very strongly that you should be more careful about the frequent advice you give your readers to use the Small Claims track of the County Court, because the fact of the matter is that this justice system simply does not work. Well, not unless you can afford to throw money at the court to do what should be its work. I went to the small claims part of the County Court in 2008 at a cost of £380 and won a judgement against an individual for £3,550 plus costs over an unpaid car debt, but it has turned out to be a complete waste of time. Claiming hardship, he was ordered to pay a mere £20 a month and after several months, without any explanation, he stopped paying.
From conversations with the court clerk and other injured parties while waiting I understand treating the court with contempt like this is typical. Last July there was an annual hearing to assess his ability to pay but he did not even bother to attend. Surely this must mean he is in breach of a court order and could be told to return to the court to explain his actions. But the court does not do anything.

Asked on 17 April 2010 by M.W., Mansfield

Answered by Honest John
It isn't a police matter. It's a civil matter. The public purse does not
provide a free courts service to help you in this circumstance. You have to pursue the matter yourself. But, of course, this does serve as a warning against anyone buying a car from a two-bit small-time home trader with no real assets in the first place. A small claims court action will work against a proper dealer with assets and premises. It won't work against itinerants who claim no assets.
Similar questions
I have just received a Notice of Intention to Prosecute from Essex Police. This states that I have exceeded a temporary limit of 50 miles an hour on a motorway road works section on the M25, which was...
I have been caught doing 103mph while my wife was pregnant and was in pain. She texted me while I was on a job and I drove back home in a panic. I told the officer all of this. He said you’ll be getting...
I have now heard from the Ministry of Justice regarding the situation over motorists defence costs. I would summarize proposal 2009 No. 2720 as follows: A Court may make a Defendant's Cost Order on application...