Do I sue in England or Scotland

[chindley01]

Hi all,

To cut a long story short. 

I sold a bike on Ebay. £1450

I used a Scottish company to ship the bike who were agents  for  an English delivery company so the whole delivery was conducted in England by an English company. 

The bike was stolen by the delivery driver in London and I have an email from the company admitting they had identified a suspect and he had been dismissed.

I had selected additional liability cover for £750 and this is what they are offering me. They say I have accepted their terms and conditions.

As it was theft by one of their agents I want to Sue for the full amount.

I have reported it to the Police who are investigating the crime.

Do I claim through MCOL online or do i have to go through the Scottish system?

 

Many Thanks

 

[AndyOrch]

Welcome to the forum.

 

Do you reside in England or Scotland ?  If the contract is with an English Company then you use MCOL and serve the claim on the English Company (assuming they are the parent company of the Scottish Agent,

 

Topic moved to the appropriate forum.

 

Andy

[chindley01]

Hi

Many thanks  for the reply.

I reside in England but appointed a Scottish Company to transport the bike. They are only the agents and they appoint a delivery company to do the delivery. I’m this case it was APC appointed by the company. So my original contract was with a Scottish Company but all the delivery was conducted by an English Company. 
hope that makes sense.

[AndyOrch]

Not really ......

 

Quote

I used a Scottish company to ship the bike who were agents  for  an English delivery company so the whole delivery was conducted in England by an English company. 

 

So your contract is with the Scottish Agent...who are agents of an English Del Company ?

[chindley01]

Hi

yes,  I used Paisley Freight to book the service who are based in Scotland and they used APC to collect and deliver the bike which all took place in England. So my contract is with Paisley Freight.  

Edited July 18, 2022 by dx100uk
unnecessary previous post quote removed

[AndyOrch]

It would appear so if that's who you paid...then that's who your contract is with, its important to check the paperwork and be 100% certain who your contact is with because further in to  the process trying to change defendant or add /remove parties can be very expensive (£ 110.00 per application without a hearing)

 

So any defendant must have a valid UK address (England /Wales ) however.....

 

 

Or alternatively you can use the Scottish equivalent 

Make a court claim for money

WWW.MYGOV.SCOT

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How to take legal action if someone owes you money, how much it will cost and what happens after you make a claim through the courts.

 

But this will involve attending a Scottish Court if the defendant submits a defence and it progresses to a trial.

 

Andy

 

 

 

[chindley01]

That’s great. 
So if I file the N510 I can do it through English Courts?

[AndyOrch]

Yes but follow the link above carefully

[chindley01]

Thanks again for your help Andy.

I am going to set things in motion today.I assume I cannot do this through MCOL, so is it the N1 from I need to fill in with the N510 and send it to the court?

[AndyOrch]

Correct...it will have to be old style manual claim using the N1 form

[chindley01]

Hi all. In a bit of a quandary 

To keep this short I will detail the facts.

• Sold a bike on ebay. £1450
• Sent bike with Paisley Freight and chose £750  of liabilty cover 
• Paisley Freight used there partners APC to collect and deliver the bike
• Bike was stolen by the delivery driver (The driver was dismissed but they did not prosecute him)
• Paisley Freight only want to pay me the £750 cover I chose even though it was there partners driver who stole the bike
• I reported it to the Police (investigation still ongoing)
• Paisley Freight say that I accepted their T&C's and won't pay the full loss I have incurred as a result of their (partners) employee's actions.

Paisley Freight are in Scotland. However as the full transaction (Collection and delivery address)was carried out in England by an English company and it was reported to the MET Police, I want to claim with the N510 "Out of Jurisdiction form"

 

So my question is.. What do you think my chances are?  if I take them on the basis that they were engaged to do a job, and they failed to do it with reasonable care and skill in breach of the provisions of the Consumer Rights Act 2015.

and their attempt to limit liability falls foul of the Unfair Contract Terms Act test of “reasonableness”

 

Many thanks for your responses.

 

Edited August 8, 2022 by chindley01

[dx100uk]

old and new threads merged.

 

your chances are very good.

 

dx

 

[chindley01]

Hi

Can I just ask . When serving N1 papers with the N510, do I send a copy to the Defendant or does the court do this?

 

Many thanks for your help

[dx100uk]

the court sends them an N1 pack .

[AndyOrch]

You file with the court and you serve the defendant ...this is a manual claim and being out of jurisdiction.

 

 

 

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