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Small Claim Court - live in Scotland, company based in England


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Hi, I believe I am due £3500 from Thomas Cook for a 22 hr flight delay in July 2009. I have been told by Thomas Cook they will not pay as the flight delay was down to 'extraordinary circumstances' - but it wasn't, the plane broke down. I took my case to the CAA who agree with us and say TC cannot rely on that excuse. TC are ignoring my demands for payment (there's a 5 year rule up here for flight compensation), so next step is small claims court.

 

 

However, I live in Scotland, but TC is based in England. I have been onto the Scottish Courts website but it is horrendously complex, loads of horrible forms and suggests hiring a lawyer, which seems mad for a small claim. Anyone got any advice? Many thanks.

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Hi and welcome to CAG

 

Thread moved to the appropriate forum.

 

Useful information :-

 

http://www.scotcourts.gov.uk/taking-action/small-claims

 

Regards

 

Andy

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You can always sue in the place where the Defendant is based.

 

If you are a consumer contracting with a business which carries out commercial activities in Scotland, you can also sue where you are based (see http://www.legislation.gov.uk/ukpga/1982/27/schedule/8).

 

However, if you won the case in Scotland you would then need to register it in England and enforce your award through the English courts if the Defendant refused to pay. This only covers enforcement - the English courts would not re-consider the award. To be honest I think it is unlikely that you would need to go to enforcement against a large company like Thomas Cook, they should pay once you get a court order.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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You can always sue in the place where the Defendant is based.

 

If you are a consumer contracting with a business which carries out commercial activities in Scotland, you can also sue where you are based (see http://www.legislation.gov.uk/ukpga/1982/27/schedule/8).

 

However, if you won the case in Scotland you would then need to register it in England and enforce your award through the English courts if the Defendant refused to pay. This only covers enforcement - the English courts would not re-consider the award. To be honest I think it is unlikely that you would need to go to enforcement against a large company like Thomas Cook, they should pay once you get a court order.

 

 

Appreciate that, thanks

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