Starting a small claims action defendent in England

[gemspan]

Hi there

 

I'm looking for some advice. I live in Scotland and am about to start a court claim against individuals that live in England. Can I start it in Scotland and then it will be passed to England or do I have to start the case under the English system... If so, how do I do this?

 

I am claiming fees exemption so I have to do this manually, I can't use money claim online. The sum being sued for is just under £650.

 

Thanks for your help.

 

Gemspan

[rebel11]

Hi gem

 

These a brief guidelines as to the process:- http://www.tradingstandards.gov.uk/wirral/countycourtindex.htm

[gemspan]

Thank you so much. Your help is very much appreciated.

 

Gem

[gemspan]

I've read this but it doesnt say anything about me living in Scotland etc., Can I start it in Scotland and then it will be transferred to England or am I better sending it to their local court? Sorry to be a pain but I've always used moneyclaim before....

 

Thank you

[citizenB]

Will try and find out for you.

[gemspan]

thank you. I've tried to have a look around but found nothing. I contacted a Scottish Sheriff Court to ask them but, because its an individual, they passed me on to a solicitor. I've now left a message with a solicitor to see what I have to do.

 

I think I could possibly start the claim in England and put my correspondence address via a friend but I'll wait to see.

 

You'd think we lived in another planet here in Scotland... How do other people manage to do it? Surely you must be able to take somebody to court if they live in England.... Gee.... I'm losing the will to live here.....lol

 

Thanks again

Gem xx

[citizenB]

A claim would normally be heard in the jurisdiction of the defendant.. If you are able to start it in England, that might be the better idea.

[IdaInFife]

You are supposed to sue in the court nearest the defender. If you were to raise an action in scotland there could be a couple of scenario's.

 

If the defender did nothing then you would need to pay to have the decree transfer to the english system

 

if the defender responded then they would probably apply for jurisdiction which would mean you would need to start again in the english system.

 

All round, if you could would be best and easier to raise it in England.

[sequenci]

The claim must be raised in England, but there are a few exceptions; what is the claim for - if you don't me asking?

[ajs444]

I had a claim against HSBC some years ago but had to use my sister's address for correspondence as she lived in Yorkshire.

You had to have an English address to raise the case at that time, I understand that the condition has now been dropped.

It was handy to raise through the English system as their small claim limit was £5000 and Scotland, although now raised to £3000, was a lot less at that point in time.

 

I had a claim against HSBC some years ago but had to use my sister's address for correspondence as she lived in Yorkshire.

You had to have an English address to raise the case at that time, I understand that the condition has now been dropped.

It was handy to raise through the English system as their small claim limit was £5000 and Scotland, although now raised to £3000, was a lot less at that point in time.

[pancake roll]

Hi Gemspan,

 

I am in the same spot as you . A private individuals owes me money that lives in England. What did you do in the end ?Did you claim in Scotland ?

[gemspan]

Hi there

 

I raised the action in the court nearest to the defendant and sent it directly there. I used my friend's address as my address in England. I was claiming exemption of fees as I was entitled to at that time. They took 2 weeks to return it to me and by that time I had just started a job so couldnt claim exemption. I had to wait until I got my first wage but, as yet, have not raised it again. I think I will raise it using the online claim.

 

I hope this helps.

 

Gemspan

[gemspan]

Hi there

 

I raised the action in the court nearest to the defendant and sent it directly there. I used my friend's address as my address in England. I was claiming exemption of fees as I was entitled to at that time. They took 2 weeks to return it to me and by that time I had just started a job so couldnt claim exemption. I had to wait until I got my first wage but, as yet, have not raised it again. I think I will raise it using the online claim.

 

I hope this helps.

 

Gemspan