English resident taking Scotland resident to small claims court

Haychgee95

I reside in England, I’m an individual and I would like to take another individual that lives in Scotland to small claims court. 

It is based on an item I rented out to an individual in Scotland, who is claiming they have now lost the item. I would like to claim for the replacement of the item and late return fees. 

I tried to start the small claim on the English court website, but it says that I’m unable to since the defendant lives in Scotland. 

Please could you advise on what to do?

FrugaiMacDugal

Have a look at this from  CAB Scotland.

DullGreyGuy

Where was the contract formed? Does the contract specify which legal jurisdiction applies?

Assuming your sure English law applies then you need to download, complete and sendoff a N1 form to initiate the claim against someone in Scotland. 

Note that you cannot claim the replacement cost but must claim the value of the asset in the condition at the time, ie if it wasnt brand new then you claim its secondhand price. 

Haychgee95

DullGreyGuy said:

Where was the contract formed? Does the contract specify which legal jurisdiction applies?

Assuming your sure English law applies then you need to download, complete and sendoff a N1 form to initiate the claim against someone in Scotland. 

Note that you cannot claim the replacement cost but must claim the value of the asset in the condition at the time, ie if it wasnt brand new then you claim its secondhand price. 

The company who the contract was agreed through is based in England. It doesn’t specify which legal jurisdiction applies. 

And thank you for the tip!!