It is possible to appeal against a small claims court judgement only if there was some sort of irregularity in the proceedings, or if it can be proved that the court made an error in law, a notice of appeal must be filed within 21 days of the judgement.

So the dealer is probably giving you a load of old flannel - because he thinks the judgement is not "fair" is not a valid reason to appeal it would seem!

And be aware not to accept and bank a part payment - that could be construed as accepting that payment in full and final settlement.

Edited by focussed on 28/04/2017 at 23:19

Just to answer the question about what happens to the car. Of course it has to go back to the dealer, otherwise you would be seen as being in a better position than you were before the deal took place, which would be unfair to the dealer.

As BT says, escalate the case to the Sheriffs if you don't receive payment within the alloted time. In fact you could probably start now as the email from the dealer clearly shows intention not to pay.

I once had a judgement in my favour and the business in question did not pay on time. Even after several reminders. I went back to the small claims court and filed the information and the bailiffs then collected the debt by going to the business premises to clain goods to the value of. He closed the premises, so the bailiffs went to his house (he was a sole trader) and his wife paid up. Follow the procedure. It is slow and cumbersome but once set in motion it does work unless the debtor is potless!!

The car will have to go back of course but not until you have the money safely paid into and cleared into your account. Check with your bank to ensure any cheque or payment cannot be clawed back at anytime. It sounds like he wants a second bite of the cherry, but too late. A point of law will be his only grounds for appeal, not court procedure. The judges do this daily and rarely make errors. As this case is a simple one under consumer rights legislation I think he has no chance of an appeal being mounted let alone successful. Write to him recorded delivery saying when and how you want the money in full and then the car will be handed back. If he fails to comply with your reasonable terms for settlement then go back to court. Don't tell him that or threaten him, just do it. Good luck. Cheers Concrete