Want to claim but Scottish reg address

[questioner]

I recently went to small claims court to issue an NI against a pesky DCA for my admin charges.

 

However the assistant advised me to take legal advice as the registered address of the DCA was in 'Scotland'.

 

How does this affect my claim?

 

What do I do to get my claim in?

[cerberusalert]

Moved to the Scotland Forum.

[citizenB]

Q, I have flagged your post for the site team:)

 

If I recally correctly, the address you have been corresponding with is in England isnt it ?

[maroondevo52]

Hi,

 

 

I'm sure you can start your claim at your local county court.

 

Your Particulars of Claim must contain the following statement if you are using a defendant's address outside England/Wales:

 

"'I state that the High Court of England and Wales has power under the Civil Jurisdiction and Judgments Act 1982 to hear this claim and that no proceedings are pending between the parties in Scotland, Northern Ireland or another Convention territory of any contracting state as defined by section 1(3) of the Act."

 

Please note that if you do this, then the period of time for the defendant to file the acknowledgement of service or the admission is extended from 14 days to 21 days from the date of service of the claim (if the particulars of claim are served with the claim form) or 21 days from the date of service of the particulars of claim if they were not served with the claim form - remember, the deemed day of service is two days from when it was posted.

 

The time for filing a defence is 21 days from the date of service of the particulars of claim or 35 days from the date of service of the particulars of claim if the defendant has filed an acknowledgement of service.

 

 

 

I'll have a look around for some more info.

 

Regards.

 

Scott.

[rory32]

Your Particulars of Claim must contain the following statement if you are using a defendant's address outside England/Wales:

 

You'll also need to file a form N510 Service out of the Jurisdiction and tick the appropriate box.

[questioner]

Thanks very much - the lady at court mentioned this too.........

 

"'I state that the High Court of England and Wales has power under the Civil Jurisdiction and Judgments Act 1982 to hear this claim and that no proceedings are pending between the parties in Scotland, Northern Ireland or another Convention territory of any contracting state as defined by section 1(3) of the Act."

[dundeelaw]

Moneyclaim has now changed their online form. You can now enter addresses as long as they are in the EEA. You no longer have the boundry issues between Scotland and England. You can now live in Scotland and sue someone in England (using your scottish address) and vice versa.

[citizenB]

Moneyclaim has now changed their online form. You can now enter addresses as long as they are in the EEA. You no longer have the boundry issues between Scotland and England. You can now live in Scotland and sue someone in England (using your scottish address) and vice versa.

 

 

Thanks for this little snippet

[questioner]

No worries - it is working fine as stated in post 6 now thanks....

 

[buzby]

Irrespective of the court being used, are these charges you are pursuing arbitrarily reached? (By that, I mean without their express agreement?).

 

Speculative actions like this are often treated with contempt, and any action you raised can be transferred to the relevant court (in this case, Scotland). This can then turn the tables on you, in that they appear and you do not, with the result they request expenses and your costs go up again.

[questioner]

"Irrespective of the court being used, are these charges you are pursuing arbitrarily reached? (By that, I mean without their express agreement?)."

 

 

To be honest, no DCA is ever going to give their "express agreement" to your admin fees.

 

Also it seems that judges are unhappy about DCAs that want to make a huge fuss about a simple small claims fee, such as a charge for a letter, telling us that such a commotion is "disproportionate to costs"...

 

Of course it is not rocket science but one has a choice of either letting DCAs/Banks treat one like **** or fighting back here.

 

I took the latter course of action. Others must decide for themselves.

 

 

[ct009522]

Hi Questioner

 

A question for you now ! I am in a similar position suing in England a Scottish DCA for wrongful harassment (alongside an English utility company). I've just been to the court as the judge has said I now have to complete N510. The court were unaware and didn't really know which box to tick ! Nor does any box have the exact wording above in this thread - but they are all so similar !

 

So they said to tick the first box (related to "proceedings in which rule 6.32(1)(b)(i) or 6.33(")(b)(i) applies" - does this sound the same ? - the entire wording is somewhat lengthier !!!

 

Thanks if you have the answer !!!

[questioner]

I am sorry - I don't think this sound very familiar or quite the same as my issue.

 

Mine was just a simple small claims matter over an unpaid admin fee and not like your harassment situation, although I am sure there must be similarities ..

 

Perhaps others with more legal know-how could shed more light on it for you?

 

However - I can see the format similarities that you allude to...

Your N510 has....

“I state that the [High Court of England and Wales] [ County Court]

has power under the [Civil Jurisdiction and Judgments Act 1982] [Judgments Regulation (as

defined in CPR rule 6.31(d))] to hear this claim, that the defendant is domiciled in [the United

Kingdom] [a Member State] and that no proceedings are pending between the parties in the

courts of any other part of the United Kingdom or any other Member State.”

Mine has .....

"'I state that the High Court of England and Wales has power under the Civil Jurisdiction and Judgments Act 1982 to hear this claim and that no proceedings are pending between the parties in Scotland, Northern Ireland or another Convention territory of any contracting state as defined by section 1(3) of the Act."

 

They are in fact very similar so perhaps you are indeed on the right track.

 

 

Do get it checked first though ok...

Edited July 13, 2010 by questioner