Holiday Refund - Small claims for scottish business?

JP_91

Hello! On the advice of some really helpful people on this forum, I'm intending to take a holiday tour operator to small claims court. I'm based in England, and the registered business address of the tour operator is in Scotland - The "online" service Money Claim Online says it only has jurisdiction in England and Wales.

Can I still submit this claim throught the english courts (via the paper form) or do I need to submit this through the Scottish equivalent of small claims court?

Thanks in advance! 

JP_91

Bumping! Can anyone help with the above question?
Thanks in advance!

[Deleted User]

I don't think many of us are legal experts to be honest JP-91 but I think you would have to apply through the Sheriff's Office in Scotland, unless it is a branch  in England that you are claiming against.     I believe you can do this on-line.   There is a fee to be paid.     

More information here maybe?  https://www.gov.uk/make-court-claim-for-money   

Alan_Bowen

This is how to use the 'simple procedure' in Scotland https://www.scotcourts.gov.uk/taking-action/simple-procedure they may offer ADR which in England is often by phone and could avoid you having to travel to Scotland which might defeat the purpose of recovering a small sum of money! if the company is in the Highlands or Islands, consider how easy it may be to get to the court if you live in Cornwall for example!

JP_91

Thanks both! I've done some digging and the Terms and Conditions of the company state that they are bound by English and Welsh law (despite behind registered in scotland) and all claims relating to their service should be brought through the english courts. Scottish address means I have to submit by paper though which is a bit annoying!

Alan_Bowen

Annoying, but a lot easier than travelling to Scotland!

JP_91

Alan_Bowen said:

Annoying, but a lot easier than travelling to Scotland!

Agreed! If anyone else is looking at this, in addition to the N1 Small Claims form, you also need to complete and include a N510 form in order to get the courts permission to serve the claim to the defendent. I rang the money claims helpline and they were very helpful!