Small Claims from Abroad

[Rairun]

I work as a freelance translator here in the UK. I have been doing business with a non-EU translation agency for over 2 years, and they have proven to be trustworthy.

 

They have recently e-mailed me saying they've done business with a UK company which has not paid them. They've had all their communication attempts ignored. Now they want to use "Money Claim Online", but they lack a UK address. That's why they got in touch with me. They are asking if they can use my address.

 

My question is: can I allow them to use my address for correspondence without getting involved in any way other than redirecting mail? What happens if they have a hearing? What if they have to pay any court fees? Is there any way I could become legally implicated just by allowing them to use my address?

 

Thanks in advance for your help.

[AndyOrch]

Under no circumstances can they use your address, it must be served on the defendants.

 

Andy

[Rairun]

Hi Andy, thanks for your reply.

 

I'm not sure I understand what you are saying.

 

They have the defendant's address. That's not the problem. But the site says that to make a claim online, you need to have:

• a valid credit or debit card to pay the court fees
  
• an address in England or Wales
  
• an email address
  

They have the credit card and the e-mail address, but not an address in England or Wales. All they are asking is if they can use my address as theirs to make the claim. Would that be okay, or could it make me liable in some way?

[AndyOrch]

" They have the defendant's address. That's not the problem." so there is no problem why do they want to use yours?

 

A claim is deemed not served if its not to the correct address of the defendants, that's the process.

 

Regards

 

Andy

[Rairun]

Because apparently other than the defendant's address, they also need to provide the plaintiff's (ie their own) address in England or Wales to make a claim. You can't make a small claim from abroad against an English defendant unless you yourself have an English or Welsh address. That's why I'm asking if it's OK for them to use my address in England as their own (not as the defendant's).

[AndyOrch]

Right Im with you, really should be a sols address in the UK

[Rairun]

So is that what you think I should tell them? "You should find a solicitor instead"? Or would it be OK to use my address for now, and then if they need any legal help, they'd find one? Basically, I want to do what they're asking, as long as it doesn't get me involved. As long as it's legal and doesn't have any liabilities, I'll do it.

[Ganymede]

So is that what you think I should tell them? "You should find a solicitor instead"? Or would it be OK to use my address for now, and then if they need any legal help, they'd find one? Basically, I want to do what they're asking, as long as it doesn't get me involved. As long as it's legal and doesn't have any liabilities, I'll do it.

 

 

Do you really want bailiffs turning up at your door if the Claimant loses and has to pay costs for example?

[Rairun]

Ganymede, exactly, that's what I'm asking. I'm reasonably certain they would pay without problems - they've never failed to pay me on time. Also, if they tried to [problem] me, they'd lose a professional who has won them quite a few contracts. It's not in their best interest to do that.

 

BUT, I know, you can never be this trusting. So let's say bailiffs do turn up at my door because the Claimant lost and hasn't paid costs. What exactly would happen if I said, "Nope, that's not me, sorry"? Is there anything they could possibly do against me?

[AndyOrch]

Why do they not just employ the services of a UK Solicitor, far simpler and less risky.

 

Andy