Live in England but need to issue against scottish company

[reallymadwoman]

I live in England.

 

I want to take action against a company registered in Scotland.

 

What's the easiest way to do this? It will most likely be at least fast track, if that might make any difference.

[reallymadwoman]

Can anyone help with this please?

[maroondevo52]

Hi,

 

You can't use Moneyclaim to make a claim in Scotland, you would need to complete form 1:

 

http://www.scotcourts.gov.uk/sheriff...rms/Form1a.pdf

 

and form 1b:

 

http://www.scotcourts.gov.uk/sheriff...rms/Form1b.pdf

 

I think this would be used in the poc, I'm going to get it checked.

 

Poc:

 

This court has the power under the Civil Jurisdiction and Judgment Act 1982 to hear and determine the claim with regard to persons domiciled in a part of the United Kingdom (Schedule 4, Article 3 52(1) no proceedings involving the same cause of action are pending between the parties in Scotland, Northern Ireland or their convention teritory of any contracting state as defined by Section 1(3) of the Civil Jurisdiction and Judgment Act 1982 (as amended by Section 2(5) of the Civil Jurisdiction Act 1991).

 

 

Regards.

 

Scott.

[reallymadwoman]

Many thanks.

[Ruprecht]

Is it one of those evil DCAs hiding north of the border upsetting you?

 

I sued one once and did it through the Scottish courts direct. Wasn't much fun or easy.

 

Deciding which court to use depends on the case. Most contracts specify which courts will settle disputes.

 

Harassment would be at the court in the area in which the harassment occured i.e. your local one if you were harassed.

Edited January 6, 2010 by Ruprecht
added more

[reallymadwoman]

Since I'm right on the south coast (of England) and since I've run into problems before by not serving stuff on a company's registered address, I'm issuing at my local court against their address in a major Scottish city. I expect I could possibly have got away with using one of their English branches, but since this is a potentially very large claim I don't want to risk messing it up at the first hurdle.

[reallymadwoman]

I have another question, not directly related to the first but part of the same claim.

 

In the brief particulars of claim I need to include

1. specific costs with a specific amount (plus interest)

2. general damages for injury to feelings and distress

3. aggravated damages

 

Anyone have the slightest idea how I word it, and what I put in the 'amount claimed' box?

[Ruprecht]

I have another question, not directly related to the first but part of the same claim.

 

In the brief particulars of claim I need to include

1. specific costs with a specific amount (plus interest)

2. general damages for injury to feelings and distress

3. aggravated damages

 

Anyone have the slightest idea how I word it, and what I put in the 'amount claimed' box?

 

As for the boxes, when I did it for an unspecified amount (I presume you are printing from the .pdf) you print it out with the maximum amount in the box and manually write in the boxes "NOT EXCEEDING" infront of the amount.

 

The issue fee can exceed it. So say if you claimed 5k you'd still put NOT EXCEEDING £5,000.00 at the end.

 

If I were you though I wouldn't do a claim on your own like this. Any sort of "injury" type of claim has to go through Pre-Action protocols etc.

 

Damages are very hard to prove and quantify, I haven't had much success in that area! You will need medical reports/loss of income statements etc if you are going for it causing you distress/depression etc.

 

If you really feel you have a claim then seek proper legal advice, maybe someone will take it on a no win - no fee. If nobody will then it probably means you don't have much of a case.

 

I have been down the same road and sometimes it has got the desired results but you don't want to go to trial!

 

Good luck!

[reallymadwoman]

I can't go in to too much detail since I don't know who might be reading, but it's not an 'injury' claim as such.

 

I realise that it might be somewhat unwise to start a claim like this on my own, but it's probably 90% control freak and 10% lack of suitably qualified/willing solicitor in my area. I did interview two potential solicitors before deciding to go it alone, and in both cases it was obvious within the first 10 minutes that I know far more about this particular area of the law than they do.

It's actually not that difficult to understand one particular very small area of the law, what's difficult without training and experience is filling in the damn forms - and the talking bit in court!

Both the interviewed solicitors were willing to take on the case by the way, I just wasn't confident that they would do a good enough job and I would have had to slightly mislead them about my intentions. Though the claim is for a considerable sum in damages my real objective is actually only to get a particular company to never contact me again. I don't want their money and sincerely hope the claim never gets anywhere near a court room, but I am also prepared for the eventuality that it will.

[Ruprecht]

Here is a story about a case were HBOS were alleged to have harassed someone:

 

Harassment claim against bank settled out of court

 

Those Wescot bunch up there are buggers too, like to phone neighbours etc.

[reallymadwoman]

Of course, naming the company would be silly of me, but funny you should mention ....

 

With the evidence I have (provided by them, in writing) they would be downright stupid to let this anywhere near a court room, but stranger things have been known.

[reallymadwoman]

I think I've researched this about as well as I can and I think I've done at least a reasonable job of putting all that research into practice, but I'm just having a little bit of a wobble over actually putting my latest effort in the post box.

Is there anyone with qualifications/experience that would be willing to take a look through PM or email?

The claim is nothing like anything else on here at the moment and the details really do have to remain confidential for now or I would just post up for comments as usual.

It is a potentially very large claim, and I'm really worried about some fatal mistake messing things up from the start.

[reallymadwoman]

The wobbles have got bad enough for me to try consulting a barrister under the public access rules.

 

I sort of like the idea that I can still keep control by doing all the 'legwork' and drafting everything myself, with the security of a barrister to look it over and speak in court if necessary.

 

Of course this will involve some cost, but the OH has agreed to fund it (to a limited extent, and depending upon the barrister's initial view).

 

This may not be appropriate for everyone, but the amounts involved probably justify some amount of risk on costs at this stage.

[dad]

RMW,

 

The relevant legislation is: rule 8 of schedule 4 to the Civil Jurisdiction and Judgments Act 1982:

 

8. — (1) A consumer may bring proceedings against the other party to a contract either in the courts of the part of the United Kingdom in which that party is domiciled or in the courts of the part of the United Kingdom in which the consumer is domiciled.

 

(2) Proceedings may be brought against a consumer by the other party to the contract only in the courts of the part of the United Kingdom in which the consumer is domiciled.

 

(3) The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule and rules 7 and 9, the original claim is pending.

 

I have sued a Scottish company in the English courts. In your POC form you have to include the words in post 3 above in box c on the back of the form.

 

HTH

 

Dad

[reallymadwoman]

Well, it seems that I do understand how this one small area of the law operates. The barrister thinks I have a 'better than 90% chance of success' and only made two very small amendments to the draft documents I had prepared. I'm a bit chuffed with that.

 

Credit has to go to the forum though. Whilst I might have put lots of effort into the research, it's other people on here who have not only pointed me in the right direction but more importantly given me the confidence to try.

 

I think a certain company in Scotland might have something interesting appear in their post very soon.