Received court summons from US company for Milton Keynes CC- Help? ** WON **

[lawrence158]

Any help or advice or pointers would be so gratefully received. I have received a summons from a US company based in Florida, however they have used a debt collection agents address in the UK to pursue this. Is that possible?? Would there not be a question of jursidiction? Also the debt relates an invoice in US $ that I am disputing.

[cerberusalert]

What are the particulars of claim?

[cerberusalert]

Moved to the legal forum.

[lawrence158]

Hello,

The particulars are: A US company who managed our former property in florida are suing us for unpaid invoice. However we disputed the amount of the invoice and requested receipts and breakdown of the charges for the services as we suspected some charges to be bogus and the company was unwilling to supply any. We then received a letter from debt colelcting agency- Jack Russel- who I called and said that the invoice was in dispute until receipts were forthcoming. Then I received the claim form. However it is only addressed to myself and my husband although the account is also in the name of another couple. The Florida company has used the debt collectors address on the claim form but the claim is lodged by the Florida company.

[cerberusalert]

The legal wallahs will be able to advise, probably tomorrow now, but I would assume you can challenge the jurisdiction of a UK court particularly if you have a contract with the managing company. Do you have a copy of any agreement & is there anything within the T&Cs which mentions jurisdiction?

[lawrence158]

We never had an actual contract but have dealt with them for several years- always in US$ but the claim form looks like its a uk company as its a uK address although they are a US company....

[the_shadow]

Ok, first first, you have a set time to respond to this claim, 14 days from service which is 5 days from the date of service on the claim form. If you acknowledge the debt (within the next 14 days) you will gain a further 14 days to defend the claim.

 

Can you post up the particulars of claim leaving out anything that identifies yourself. Also can you confirm that the claimant is ONLY the uk DCA in this instance.

 

S.

[cerberusalert]

I'm not 100% certain but I believe any claim has to be in UK £'s & the exchange rate noted.

 

Did you deal with this company through a UK agent?

 

Is there actually a court stamp on the documents you've received?

Edited September 25, 2011 by cerberusalert

[lawrence158]

The DCA is not the claimant it is the US company using the address of the DCA and it says t/a which I assume is trading as (which I found on google). Particulars are:

 

i) £1373.73 being the total costs of goods or dervices provided Claimants full details of which have been given by way of a statement dated 31/7/11 of Commercial Debts Regulations 2002. The defendant has also not positively responded to the Claimants Debt Collection Agency.

ii) £16.26 statutory Interest calculated at 8% per annum to the date hereof pursuant to Section 69 of the CCA 1984 and continuing to accrue daily at a rate of £0.30 until judgement or payment in full whichever is earlier.

[lawrence158]

PS- we only ever dealt with this company in the US. They do not have a uK agent or any representative or office in the uk. They are a registered US company.

L

[lawrence158]

There is a Milton Keynes Court stamp on

L

[donein]

Hi

 

I am subbing to your thread. Friends of ours bought a property in florida which was subsequently respossed, defiecency order given and they are being taken to court for the shortfall of the mortgage. They are at their wits end !!

 

They were told, the debt has to be recognised as a legal UK debt but i dont know whether they have got any further. So not alot of help I am afraid but interested in the outcome.

[42man]

"The particulars are: A US company who managed our former property in florida are suing us for unpaid invoice."

 

Can you type out EXACTLY what it says please ? but leave out personal details / amounts / dates etc...

 

Just my opinion here but I think being a US company and being quoted in US dollars will be an abuse of process.....

 

They will get a shock in the US when they see you issue a CPR31.14 (or possibly a CPR18). So when they discontinue you can hit them with a wasted costs order....

[42man]

"The particulars are: A US company who managed our former property in florida are suing us for unpaid invoice."

 

Can you type out EXACTLY what it says please ? but leave out personal details / amounts / dates etc...

 

Just my opinion here but I think being a US company and being quoted in US dollars will be an abuse of process.....

 

They will get a shock in the US when they see you issue a CPR31.14 (or possibly a CPR18). So when they discontinue you can hit them with a wasted costs order....

[AndyOrch]

The terms of the agreement need to be checked with regards to Jurisdiction/litigation also.

 

Regards

 

Andy

[cerberusalert]

The terms of the agreement need to be checked with regards to Jurisdiction/litigation also.

 

Regards

 

Andy

 

 

See post #6

[AndyOrch]

See post #6

 

No contract no litigation end of.

 

Andy

[lawrence158]

i) £1373.73 being the total costs of goods or dervices provided Claimants full details of which have been given by way of a statement dated 31/7/11 of Commercial Debts Regulations 2002. The defendant has also not positively responded to the Claimants debt C Agency.

ii) £16.26 statutory inter calculated at 8% per annum to the date hereof pursuant to Section 69 of the CCA 1984 and continuing to accrue daily at a rate of £0.30 until judgement or payment in full whichever is earlier.

 

Thanks for your reply but they have put the value in £ (not sure what exchange rate they've used)- what is a CPR31.4?? Any advise you can give will be great- I couldn't sleep for worrying about this. I copied a template for a disclosure and wondered whether I could run it by you before I send it to them??

thanks

 

L

[lawrence158]

Hi Andy,

 

but can I argue that? wouldn't they just say that through dealing with a company you are agreeing to a contract implicitly???

[AndyOrch]

I cant see any mileage in requesting disclosure, after all we are relying on a invoice as forms of anything substantial to base their claim on.Have you got the invoice, did they attach it to the claim? Can you PM the name of the DCA address they have used on the summons also.

 

Regards

 

Andy

[lawrence158]

We have never seen an invoice dated 31.07.11- the dca address is 11 woodend Terrace, Tebay cA10 3UZ

[cerberusalert]

That address is a sham 4 terraced house. It looks like a one-man band Jack Russell Collections Agency Ltd‎ - which could be.

 

http://www.debtcollect.co.uk/

 

Edited September 26, 2011 by cerberusalert

[lawrence158]

But its not the dca taking me to court its the US comapny using that address saying that they are trading from that address.....

[AndyOrch]

Yes just checked that out Cerb never heard of them, why would an American management Company pick their address out to use on their name of a Summons as the Claimant.To get around Jurisdiction?

 

Andy

[cerberusalert]

I can't find a Jack Russell Collections Agency Ltd‎ at companies house although there is a JACK RUSSELL DEBT COLLECTION & LEGAL PROCESS SERVERS LIMITED which is the link in post #22.