Any point in making a Claim?

[radmm0]

Hi everyone

 

I have a friend who has an EU based business that trades with the UK and other EU states. They sent 2000 Euros worth of products to a business in the UK in Nov 2014 after discussions about building a relationship for the long term, so my friend sent them the goods as a starter. Unfortunately after repeated requests for payment, the UK buyer hasn't paid up what he owes. They either ignore all attempts of communication or lately pretend that they will pay shortly, but never do. My friend has sent them a final notice letter requesting payment by 31/3/15, which obviously hasn't happened.

 

My friend would like to know what's the best and quickest course of legal action for him to take to recover the goods and/or the money owed to him.

 

Any advice/help would be very much appreciated.

 

Thanks

radmm0

[BankFodder]

If your friend has a UK address for service then he can being a small claim in the county court.

He would need to be in UK for any hearing and aslo he should be sure that the defendant has assets against which a judgment can be enforced.

[radmm0]

 

Thanks for your reply BF.

 

1. could my friend use my address for service and raise the claim himself online?

2. could I act as my friend's 'attorney'/'agent' in this matter or does he have to raise the claim himself?

 

Rgds.

radmm0

[AndyOrch]

Money Claim Online

 

As many small claims can often be settle very quickly without the need for a court appearance, the Money Claim Online system was developed. This is an Internet based service where you can complete your claim and file this electronically online. You can then track the progress of your claim as it moves through the various stages towards a satisfactory conclusion for both parties. You can read more information about this service and begin your claim on the HMCS website:http://www.hmcourts-service.gov.uk.

 

 

Generally, you can use this service if:

 

You are making a claim against no more than two people.

The amount you are claiming is fixed, but less than £100,000.

You live within England and Wales.

The person you are suing lives within England and Wales.

You have a valid credit or debit card.

You are over 18 years of age.

You are not defined as a patient under the 1983 Mental Health Act.

You are a legally assisted person as defined within the 1988 Legal Aid Act.

[radmm0]

Thanks for the info AndyOrch.

 

So, can I act as my friend's agent, as he lives in Italy?

 

Or do non-residents have to use a different procedure for making a Claim?

 

Rgds.

radmm0

[AndyOrch]

He cant issue a claim from the UK ..he does not reside here...and cant use your address as service.

 

Andy

[legalistic]

There is a European Small Claims Procedure which can be done online and without a hearing. The last time I looked the limit was 2000 euros.

[AndyOrch]

http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/BE71CDF8FCA10C8C80257559005F5C59

[radmm0]

Hi Andy

 

Thanks for the info.

 

The England & Wales version of the procedure is:

 

https://www.gov.uk/recover-debt-from-elsewhere-in-european-union

 

Rgds.

radmm0

[steampowered]

He can't use the 'moneyclaimonline' service but should still be able to issue a claim in the UK. He'd need to complete form N1 and send to this address: County Court Money Claims Centre, PO Box 527, M5 0BY.

 

On the form, he must put his actual address which can be outside the UK, but can then put a different address for service of documents - that can be your address.

 

Its not that difficult, but he would either have to use a solicitor or go to the defendant's nearest county court for the hearing.

 

There is a European small claims procedure, but in the UK ESCP claims are just treated as 'small claims' in the county court anyway. If you use this procedure I'm sure you will run into problems as the county court staff will not be familiar with the ESCP forms. I would just use the standard procedure.

[radmm0]

Thanks guys, much appreciated.

 

Let's hope the debtor doesn't try to hide behind a 'liquidated' company scenario, which is highly likely.

 

Rgds.

radmm0