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Being Sued in Scottish Courts

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Hi, wonder if anybody can help me here.

 

Although I live in England and the contract undertaken was signed by all parties at my place of business in England and the contract is being serviced by a depot in England, I am being sued for non payment of invoices in Scotland as the petitioner's head office is in scotland,

 

Now, I do have a legitimate defence to this, however, I am disabled and cannot travel the 300 miles to the scottish court to defend myself.

 

I have spoken to the court and they have told me that i can challenge the jurisdiction of the court, however, to do that i will need to attend on the hearing date. Under no circumstances can i travel, and yet i am told by the court officials that if i do not attend judgement will be made against me.

 

So, 2 questions, is it possible to get this transferred to my local county court so i can attend and defend myself, and secondly if judgement is made against me, can it be enforced in England?

 

it all seems terribly unfair that i am required to travel that distance to defend myself when i am simply unable to do that.

 

The amount involved is £4500

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From what i have read, they can issue the claim in Scotland. If they win, it can be enforced in England.

 

You or a representative must attend the hearing, even if it is to dispute jurisdiction. Think it is probably best if you obtained advice from Citizens Advice or National Debtline or a Solicitor local to the court who can attend on your behalf.

If you have any Home Insurance legal cover (providing it is a personal private issue), then phone the helpline for this. It might pay for Solicitor to defend this for you.

 

It is unfair, but the fact that you can send a representative on your behalf, means that the court will just proceed with the claim, if you could not attend or send someone.


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Thread moved to the appropriate forum.

 

You shouldn't be required to attend a hearing to challenge jurisdiction....

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part11

 

Regards

 

Andy


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thanks for that link, i shall try to dispute jurisdiction.

 

 

should i fail will i still be given a chance to defend myself at a later date,

 

 

or might the court decide at the hearing to hear the case in my absence,

dismiss my application to dispute jurisdiction an make a judgement against me the same day.

 

how would this be enforced in england?

 

 

would it have to go to an english court and could i not then apply to have judgement set aside?

 

I know i can hire a representative, but this will cost hundreds of pounds that i just do not have.

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sri been very busy today.

 

 

what type of Scottish claim have you received please

whats the number of the form

 

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?221965-Scottish-Summons-But-Live-In-England


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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so as yours is a business to business debt?

its doubtful?

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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so as yours is a business to business debt?

its doubtful?

 

 

dx

 

This is not a straightforward matter re jurisdiction, as this link suggests

 

http://www.unlockthelaw.co.uk/jurisdiction-legal-introduction.html

Edited by Andyorch
Link fixed

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Before you just send off the form to the court disputing jurisdiction, you should get further advice. You don't want to end up with a judgement against you, followed by a bailiff visiting you.


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From your link UB....

 

PERSONAL (IN PERSONAM) JURISDICTION

Personal jurisdiction refers to a court’s power over particular persons. The court’s control of the matter is justified by a sufficient connection between the person in question.

 

It is important to note that the parties to a dispute may waive personal jurisdiction and agree that the dispute be heard in an alternative court. This is known as ‘prorogating’. By doing so, they accept the authority of the court that they contractually agree – even if they are more closely affiliated with a different legal system.

 

OF course this is subject to the type of contract and the law that covers the terms and conditions of said agreement.

 

Regards

 

Andy


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Refer to http://www.legislation.gov.uk/ukpga/1982/27/schedule/4.

 

Was this a business or consumer contract? Where was the contract performed (e.g. goods delivered or services provided)?

 

If the contract was a consumer contract OR it was performed in England, you should only be sued in England. But if it is a business contract performed in Scotland, you can be sued in Scotland.

 

If the claim has been wrongly issued, you should write to them asking to withdraw it and re-serve it in England (or at least have a good chance of whacking them with your legal costs).


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