TNT taking me to court

[AcidC4]

Hi

 

I have got a letter from a court in England telling me that TNT have started proceedings againest me for none payment of £400.

 

If i dont serve a fully particularised defence to the claim then the English court has Judgment.

 

The thing is i live in Scotland and its to far for me to travel there to defend myself basically TNT delivered some goods for me and i got compliants that the goods where damaged and i had to refund and then get the goods uplifted so i refused to pay TNT there bill.

 

I dont understand if i live in Scotland why isnt the Case being heard here,should i just pay it?

 

Any help would be great.

 

Kind Regards,

 

John

[enamae]

Hi

 

I have got a letter from a court in England telling me that TNT have started proceedings againest me for none payment of £400.

 

If i dont serve a fully particularised defence to the claim then the English court has Judgment.

 

The thing is i live in Scotland and its to far for me to travel there to defend myself basically TNT delivered some goods for me and i got compliants that the goods where damaged and i had to refund and then get the goods uplifted so i refused to pay TNT there bill. Did you follow their complaints procedure?(a) you must notify us about the loss, damage or delay within 7 days after delivery of the shipment or within 7 days of the date the shipment should have been delivered or if the claim relates to other services within 21 days from the date you ought reasonably to have become aware of the loss, damage or delay. If we send you a claim form you must return it within 21 days from the date of issue fully completed together with all relevant documentation in support of your claim. We are not obliged to act on any claim until our charges have been paid nor are you entitled to deduct the amount of your claim from our charges;

 

 

I dont understand if i live in Scotland why isnt the Case being heard here,should i just pay it? This is normal procedure. Once service is acknowledged, the case would normally be transferred to your local court. However, as you live in Scotland I think there might be a Jurisdiction problem as I don't think a claim can be issued in an English court against someone living in Scotland.

 

Any help would be great.

 

 

Kind Regards,

 

John

 

 

I've added a link below to a recent case that is similar to yours.

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/249700-ccj-scotland-issue.html

 

 

enamae

[AcidC4]

I did fill in the forms about damage and loss but TNT are saying its not there fault as the person who signed for Delivery didnt write on the note checked or unchecked.

 

Thanks for your input in this matter, i am a bit bemused as to why they have not raised the action in Scotland?

 

I think i shall just pay it after reading what that other guy went through its hardly worth the hassle.

[buzby]

Because they are incompetent?

 

Some firms are simply stupid - or hoping that you won't defend so get a default judgement. They can then get their warrant enforced by Sheriff Officers.

 

Assuming the Court Notice is genuine (proper court stamp) return this by Recorded Delivery, stating that they do not have Jurisdiction, and should the pursuers wish to take the matter further, you will be happy to defend your interests in a Scottish Court, should the need arise.

 

If you pay now, it is an admission AND you have to pay their fees. If they plan to be stupid, at least make them realise they remain incompetent.

[AcidC4]

should i mention under 1.5 the general rules in civil jurisdiction and judgments act 1982 is unchanged with regards to article 2 of the brussels convention which is schedule 1 to the act rule: subject to the provisions of this convention,persons domicilied in a contracting state shall, whatever their nationality,be sued in courts of that state this being scotland?

 

Also mention section 41 of the Civil Jurisdiction and Judgments Act 1982

 

 

i shall do this and let you know the outcome and thanks

Edited April 14, 2010 by AcidC4

[buzby]

The only caveat I can see is if - as the customer of TNT, their T&C's stipulated that any disputes should be heard under English Law. I only mention this in passing as I have seen TNT defend at Glasgow Sheriff Court, so clearly they do have to deal with Scottish courts from time to time.

 

Also from memory, they factor out their pursuit to a third party company, so watch for this. As to the actual claim itself - this is where it becomes difficult, as the recipient is meant to note problems at the time of delivery, and failure to do so often gives them the ability to avoid subsequent claims (as a signature that is unqualified usually means the goods have been received in good condition) but hopefully it won't go that far.

[AcidC4]

I understand,since i never signed any contract stipulating that i agree to them having english law (jurisdiction) i guess that isnt an arguable defence for jurisdiction is it?

 

Lord Clarke "the moral of the story is to agree first and to start work later"

 

I am just slightly upset about them knowing the fact that the goods where returned due to damage and TNT still want me to pay for delivery and uplift.

 

The gentlemen who got the goods is willing to go to court to testify on my behalf.

[buzby]

These days, you rarely have to 'sign' to signify acceptance of T&C's... the fact you let the driver take the consignment is usually enough (as it could be argued that their terms would prevail if you asked them to deliver your item/s.

 

With your consignee willing to confirm damage, TNT could try to claim that it was pre-existing on collection (it isn't an unknown [problem]) but they appear to be following standard procedure, as they would clearly expect to be paid for their services, only refunding if held liable.

 

Good luck! And keep the thread updated!