Claiming for damage caused in England, but company HQ in Scotland.

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Comments

  • Alderbank
    Alderbank Posts: 2,797 Forumite
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    sheramber said:
    Jetandy said:
    Some initial legal advice I've taken refers me to the N510 form for out of jurisdiction claims, as well as saying that I could claim against ATS, who's registered office is in Birmingham.  Food for thought.
    And forn N1D 

    Disputing the claim         
                                                                                                                                                     
      If you are being sued as an individual for a specified amount of money and you dispute the claim, the claim may be transferred to a local court i.e. the one nearest to or where you live or carry on business if different from the court where the claim was issued.


    I don't see the relevance of this.

    The OP isn't being sued, as an individual or otherwise. It is he who is considering suing two large national companies.
  • Jetandy
    Jetandy Posts: 14 Newbie
    First Post
    On what basis did they consider you didn't need permission (which box did they say you should tick)? Specifically with regard CPR 6.32(1)(a) and 6.32(1)(b)(iii) - you are party to an agreement conferring jurisdiction to Scotland. 

    And we said you can claim against the fitters... but there is a risk if you only claim against the fitters (they can push liability to black circle by pointing at the contract) and if you claim against both together then the jurisdiction question comes back into play. 


    But I'll say again - you want to try and build your evidence/present it to the company and give them chance to respond before you decide if you want to take court action or not... at the moment as far as you've shared on the thread, you don't have any contract, statute, caselaw or independent authority to support your claim. 
    I've not looked in detail yet, but they said the first tick box.

    I'm in communication with the company,  and have suggested that I may go legal. And given all them reasons why. All I want is the wheel to be in at least as good a condition as when they took the car in. Why is the onus on me and why am I being made to feel this is unreasonable? It's not a knackered old car with lots of kerb damage, I take great care of it and it is in pristine condition. When the wheels are cleaned I'd say you would be hard pushed to distinguish them from new. 
  • ArbitraryRandom
    ArbitraryRandom Posts: 2,471 Forumite
    First Anniversary First Post Homepage Hero Name Dropper
    edited 20 January at 1:38PM
    Alderbank said:
    sheramber said:
    Jetandy said:
    Some initial legal advice I've taken refers me to the N510 form for out of jurisdiction claims, as well as saying that I could claim against ATS, who's registered office is in Birmingham.  Food for thought.
    And forn N1D 

    Disputing the claim         
                                                                                                                                                     
      If you are being sued as an individual for a specified amount of money and you dispute the claim, the claim may be transferred to a local court i.e. the one nearest to or where you live or carry on business if different from the court where the claim was issued.


    I don't see the relevance of this.

    The OP isn't being sued, as an individual or otherwise. It is he who is considering suing two large national companies.
    That's likely because the guidance is for individuals - the alternatively is wading through the civil procedure rules or getting specific legal advice - but broadly speaking, the rules allow for the defendant (individual or company) to request a hearing in person, and that they can also request where the hearings is held and to appeal the jurisdiction... the court will be open to an appeal from the claimant if the requested location is unreasonable but it's not a given, especially as the contractual agreement includes an explicit term about jurisdiction. 
    I'm not an early bird or a night owl; I’m some form of permanently exhausted pigeon.
  • DullGreyGuy
    DullGreyGuy Posts: 10,264 Forumite
    First Post First Anniversary Name Dropper
    Jetandy said:
    Read the contract you agreed to, it should state if its England & Wales or Scotland for the legal jurisdiction. 

    Jetandy said:
    If I followed the Scottish process could I be asked to attend court in Scotland? Wouldn't seem fair.
    Your choice to choose a Scottish company than a local one. It's why they say you acknowledge to agreeing to the terms by buying. 
    I didn't choose Scottish,  it was an online purchase and they sell and fit across the UK.
    If you didn't choose to buy from them then speak to whoever coerced or blackmailed you into using Blackcircle 
  • Jetandy
    Jetandy Posts: 14 Newbie
    First Post
    Jetandy said:
    Read the contract you agreed to, it should state if its England & Wales or Scotland for the legal jurisdiction. 

    Jetandy said:
    If I followed the Scottish process could I be asked to attend court in Scotland? Wouldn't seem fair.
    Your choice to choose a Scottish company than a local one. It's why they say you acknowledge to agreeing to the terms by buying. 
    I didn't choose Scottish,  it was an online purchase and they sell and fit across the UK.
    If you didn't choose to buy from them then speak to whoever coerced or blackmailed you into using Blackcircle 
    I've done that, but they still won't give me the photos...
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