Small Claims Court guide

steampowered

Mike7649 wrote: »

I want to take a Scottish registered company through the Small Claims process but live in the South of England. The claim is £100 so I can't justify attending a Scottish court to present my case. What are my options?

Hello and welcome to MSE.

Depending on what the claim is regarding, you may be able to issue the claim through the English and Welsh court system, in which case the hearing would be your nearest county court.

You'd need to tell us basically what the case is about and whether the defendant is a company or an individual, if you want to know whether this is an option for you.

waamo

Mike7649 wrote: »

I want to take a Scottish registered company through the Small Claims process but live in the South of England. The claim is £100 so I can't justify attending a Scottish court to present my case. What are my options?

Is there no other way you can recover the money such as charge back from your card provider or via an ombudsman?

If there isn't is it worth it for £100? I'm not saying it isn't but have you been through every possible option?

Mike7649

The claim is against a high Street retailer. They are registered in Scotland but have stores throughout the UK. I have raised a complaint with them that a coat was miss sold as waterproof, or that it is faulty, as it now leaks. The coat was 16 months old when I first raised the complaint. They have rejected my complaint but I still feel I have a valid case, and would be happy to take them to my local court, but it is not worth the time to get to a Scottish court.

Thank you

steampowered

Did you buy the coat from a store in England and Wales?

If so, the contract was formed in England and Wales and is governed by English law. You are absolutely entitled to sue them in England.

The easiest way of doing it will be to issue a claim through the moneyclaimonline system using an address in England and Wales where the Defendant carries on business. You don't need to use their head office.

You can read the court rules for yourself here: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.9.

As you are a consumer and the defendant is a company, the case will automatically be allocated to the English county court which is nearest to you.

If you did want to serve the claim form on the head office, you could still do that through the English courts. You would simply complete paper form N1 and file it with your county court, with an accompanying notice of the grounds on which you are entitled to serve out of the jurisdiction. Though this faff is not neccesary if the Defendant has an address within England and Wales where they are conducting business.

jeyess

I had a situation with an international hi-fi manufacturer who refused to acknowledge a fault on my brand new speaker. E mails and stalling phone calls for 3 months until I emailed them asking for the name of the UK CEO and an address for him/her(yes, I know I could have Googled it) explaining that I needed the info to take a Small Claims Court Action against them. I received A "complimentary" speaker within a week! Shows that even the threat/promise will work sometimes.

coolmummy

I think I need a new thread but not sure how to start one! Long story short, we have been properly ripped off by a dodgy kitchen company - wrong bits sent, refusal to refund for bits not sent, awful 'architect' drawing, and now, after 8 emails and 4 letters, including a pre small claims court letter, they have returned all letters as 'refused'. I know the address is right and they are listed on Companies house, so what do I do now??!! I am determined to see his through as they are ripping off loads of people with seemingly no redress.

rogee

Can you claim property back in the small claims court

HBayliss

So firstly I'll begin by saying I was an idiot for taking £2,000 worth of debt off of my now ex-partner!

Fast forward almost a year and now I'm in a situation where the debt has reached around £1,700 and they're being difficult about making payments to me so that I can pay the card off.

The debt was transferred via a balance transfer to a 0% credit card around September last year and he has since knackered his credit score up so he can't take it off of me and his family aren't willing to me help me neither.

This months payment is late, on Friday it will be a week overdue and I know he gets his wages this day. I have warned him that if I do not receive payment I will take him to a small claims court.

Has anybody had similar experiences? Is this common? Would I likely succeed?

da_rule

rogee wrote: »

Can you claim property back in the small claims court

You can claim property back via the County Court. It is unlikely that such a claim would be allocated to the small claims track.

da_rule

HBayliss wrote: »

So firstly I'll begin by saying I was an idiot for taking £2,000 worth of debt off of my now ex-partner!

Fast forward almost a year and now I'm in a situation where the debt has reached around £1,700 and they're being difficult about making payments to me so that I can pay the card off.

The debt was transferred via a balance transfer to a 0% credit card around September last year and he has since knackered his credit score up so he can't take it off of me and his family aren't willing to me help me neither.

This months payment is late, on Friday it will be a week overdue and I know he gets his wages this day. I have warned him that if I do not receive payment I will take him to a small claims court.

Has anybody had similar experiences? Is this common? Would I likely succeed?

My first questions would be, what agreement do you have in place to say that he would pay you back? If I was him I would simply argue that you voluntarily assumed the debt as a gift as part of a
Relationship.