Money Claim Online - Scottish Company

Che_Grimandi

I intend to sue Scottish Power for money owed under a HomeComfort boiler and central heating policy after they refused to honour the terms and conditions.

They are obviously a Scottish company and have their registered address in Glasgow.

As far as I can see, I can't sue them using the Money Claims Online service as you can't have a defendant who is not in England or Wales (despite the boiler policy stating that it is subject to the jurisdiction and laws of England and Wales).

Has anyone experienced this problem before and found a way to sue them? I could, of course, go down the traditional route and issue a claim form in the county court but I'd rather do it all today from my laptop.

Thanks

Matt

DoaM

http://www.scotcourts.gov.uk/taking-action/small-claims

I wonder if their T&Cs are a bit naughty? (Registered office is in Scotland yet they claim they are subject to English Law).

Che_Grimandi

Thanks, but I can't sue them in the Scottish courts because the T&C's say that the choice of law and jurisdiction for the contract is England and Wales.

I am amazed that a huge energy supplier like Scottish Power are not forced to stipulate an address for service in England and Wales to allow people to make claims against them.

It is scandalous that the consumer is being deprived of accessible legal redress.

DCFC79

You tried speaking to ofgem.

Che_Grimandi

I'm not sure Ofgen are the relevant body. It is not actually relating to energy supply but its an insurance policy for boiler repairs. The Financial Services Ombudsman is more appropriate.

I've sent them some correspondence but to be honest I'd rather just sue and get it sorted quickly given its such a clear breach of contract by SP.

unholyangel

Che_Grimandi wrote: »

Thanks, but I can't sue them in the Scottish courts because the T&C's say that the choice of law and jurisdiction for the contract is England and Wales.

I am amazed that a huge energy supplier like Scottish Power are not forced to stipulate an address for service in England and Wales to allow people to make claims against them.

It is scandalous that the consumer is being deprived of accessible legal redress.

Such a term contravenes legislation in place. The unfair terms guidance (which can be found here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf ) says:

Exclusive jurisdiction and 'choice of law' clauses
17.4 Consumers should not be prevented from starting legal proceedings in their
local courts – for example, by a term requiring resort to the courts of
England and Wales despite the fact that the contract is being used in
another part of the UK having its own laws and courts. It is not fair for the
aggrieved consumer to be forced to travel long distances and use unfamiliar
procedures. International Conventions lay down rules on this issue, which
are part of UK law.34 Terms which conflict with them are likely to be
unenforceable for that reason, too.

As for your other post about wanting it sorted quickly.....court is not quick.

I presume you've sent a letter before action and scottish power haven't responded?

DoaM

Perhaps I'm mis-reading, but I get the impression the OP is based in England so could easily use the English courts system. But SP's registered address is in Scotland ... MCOL won't (shouldn't) allow "out of jurisdiction" claims to be raised ... and this is the basic problem.

bris

You can sue them anywhere you want, ignore their T&C's they are irrelevant.

George_Michael

bris wrote: »

You can sue them anywhere you want, ignore their T&C's they are irrelevant.

Their T&C's might be irrelevant but the fact that Scottish Power only have a registered address in Scotland is far from irrelevant.

Without an address in England or Wales for the defendant, a MCOL application will not go beyond the application stage.

Castle

No way around the problem other than going down the traditional route of issuing a claim at the county court and completing an " "out of jurisdiction" at the same time. You could download the claim forms, but you would still need to post them to the court.

DoaM

No idea if this company charges for their service, but this page at least outlines the basic process.

https://www.moneyclaimsuk.co.uk/out-of-jurisdiction.aspx