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  • FIRST POST
    • MSE Amy
    • By MSE Amy 23rd Apr 13, 5:21 PM
    • 28Posts
    • 36Thanks
    MSE Amy
    Small Claims Court guide
    • #1
    • 23rd Apr 13, 5:21 PM
    Small Claims Court guide 23rd Apr 13 at 5:21 PM

    Click reply below to discuss. If you haven’t already, join the forum to reply. If you aren’t sure how it all works, read our New to Forum? Intro Guide.
    Last edited by MSE Amy; 18-09-2015 at 10:08 AM.
Page 28
    • waamo
    • By waamo 13th May 19, 3:30 PM
    • 6,811 Posts
    • 9,073 Thanks
    waamo
    Hi Waamo
    Thank you for replying. I do think she purposely gave the court the wrong address as she had previously visited my husband (our home address) on a few occasions. We have never moved house and the address on the 'served' order had the correct address on.

    My husband is going to seek legal advice about the whole episode.

    Thank you
    Originally posted by MrsMollylou89
    If the address on the court paperwork is correct you may struggle. Whatever you do you need to act swiftly. A set aside must be applied for promptly.

    There is no legal definition of promptly but it is generally taken as within a month of discovering you have a ccj. Any longer than that and you risk having your application rejected out of hand due to not acting in an appropriate time scale.
    This space for hire.
    • Mike7649
    • By Mike7649 9th Jun 19, 1:16 PM
    • 2 Posts
    • 0 Thanks
    Mike7649
    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?
    • steampowered
    • By steampowered 9th Jun 19, 1:56 PM
    • 3,299 Posts
    • 3,340 Thanks
    steampowered
    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?
    Originally posted by Mike7649
    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
    • By waamo 9th Jun 19, 1:59 PM
    • 6,811 Posts
    • 9,073 Thanks
    waamo
    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?
    Originally posted by Mike7649
    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?
    This space for hire.
    • Mike7649
    • By Mike7649 12th Jun 19, 9:10 PM
    • 2 Posts
    • 0 Thanks
    Mike7649
    Claim against Scottish registered company
    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
    • By steampowered 12th Jun 19, 10:35 PM
    • 3,299 Posts
    • 3,340 Thanks
    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
    • By jeyess 13th Jun 19, 2:25 PM
    • 1 Posts
    • 0 Thanks
    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
    • By coolmummy 15th Jun 19, 8:05 AM
    • 22 Posts
    • 4 Thanks
    coolmummy
    Kitchen fury
    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.
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