Bringing foreign company to court

taless · 14 February 2008 at 12:26AM

Hi, I hope this is the right place to ask this question. I know questions regarding the law vary according to individual cases, but would be really grateful if someone could help me with this question.

The company that I am trying to claim compensation from has its Head Office in the UAE, though there is a UK Office here in London. The compensation that I am trying to claim also arised from an incident at UAE. As the claim is about £110, I will issue the claim through the County Court (small claims). (yes it is an airline company)

I have done everything that I should, including writing, giving reminders after reminders and final warnings by registered e-mails. I think it is now time for me to be initiate legal proceedings, as per my final warning.

a) Do you think they will choose to defend themselves over such an amount? (i.e. will the legal proceedings push them to pay me the compensation?)

b) If they do choose to defend at court, do you think that they may pounce on the fact that the company is based in UAE, and the incident occured at UAE - and asked for the case to be thrown out?

Thanks a lot for your advice on these matters!

jonesMUFCforever · 14 February 2008 at 12:39AM

My advice - drop it now.
If they are not domiciled in this country then it will be pretty difficult to get them to court and all this for £110.

You may be frustrated at a perceived lack of service or whatever but IMO you won't get far.

taless · 14 February 2008 at 1:11AM

Thanks Ejones999.

You are exactly right - it was their total lack of customer service that made me extremely infuriated. To me, it's rude not to reply whatever correspondence that I have sent.

I am personally hoping that they will choose to not defend the claim, as I believe the costs of going to court for them will be quite high? Do you think this won't be the case?

Personally, I won't mind losing the £30 Small Claims Court fee, if in any case the court throws out my case. What I don't want though, to is to be told to pay costs for the defendant. (So willing to 'gamble' £30 for a stake of £110 + cost)

Do really appreciate any input from you guys, thanks.

jonesMUFCforever · 14 February 2008 at 7:55PM

My feeling is that as they not domiciled here then you will find great difficulty finding a registered address for the courts to serve.
If you can't serve the papers then your case might be thrown out before its started.

They will ignore the court just as they have ignored you -without fear of recourse.

taless · 15 February 2008 at 12:07AM

Hi Ejones999,

Thanks again.

I do have their London address, their Commercial Registration No. etc from the letterhead they used in my previous correspondence with them (not regarding this compensation issue).

With regards to this matter, I initially dealt with their UAE office, and was ignored for a long time. I phoned their London office up, and one of the managers asked me to forward my request to her by e-mail - but insisted she cannot make any decisions regarding compensation, all has to be dealt by their UAE head office. After a long time, she finally got back to me with a very unsatisfactory reply from their Head Office (we're sorry but we can't do anything) - I e-mailed her back but she told me any further e-mail should be directed towards the UAE Head Office. I wrote back to her by e-mail saying I am unhappy to deal with the UAE office anymore - they are really poor corresponders (I have wrote numerous e-mails and faxes, and nothing at all for 45 days until that 'we're sorry but we can't'). No replies from the London office. Sent the warning letter (with regards to bringing to court) by registered delivery which was signed, but it was past deadline but still no replies.

Since I do have their registered address - would you still stick to your initial advice to 'drop it' - or will you suggest something else??

Thanks a lot again.

jonesMUFCforever · 15 February 2008 at 7:04PM

Can I ask how much do you get paid an hour?

Work out how many hours you have spent on this so far and where has it got you?

Have you already spent more than the amount in question and is it really worth your while in continuing.

Sometimes you just have to accept that some companies are real 'bas****s' to deal with but you can't win.
You have the ultimate satisfaction that you will not use them again and by word of mouth can advise your friends and family to do the same if they so wish.

You ask if I think whether you should drop it.
IMO for £110 yes, if it was £1100 no.

Good luck with whatever you decide.

Mikeyorks · 15 February 2008 at 10:47PM

taless wrote: »

Since I do have their registered address - would you still stick to your initial advice to 'drop it' - or will you suggest something else??

As other advice ... you're simply wasting your time. Foreign airlines with a toe in the UK are a major problem. Govt agencies have significant problems with them and have had to have Ministers lean on them to obey the basic laws of eg operating PAYE correctly for their UK paid staff. Using that as a guideline ... you're chasing shadows.

Read your last post again ... realise you're pursuing a lost cause and, with respect, concede defeat. Some things are just not worth the effort?

taless · 16 February 2008 at 1:33AM

Thanks Ejones999 and Mikeyworks for your advice. I'll have a good think about it - I agree that things may not be that easy at all. Cheers.

Bringing foreign company to court

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