Money Claim online - Irish company

[kregrs]

Just a quick question,

 

 

I need to make a claim against a Northern Irish company,

they're based in Belfast,

 

 

do I use the court in England or would I need to use the NI court?

 

 

It's for an unpaid invoice,

the company is registered in Belfast,

the directors registered address is in London,

 

 

the invoice is for £1700, and has been outstanding for 6 months.

 

 

The debtor refuses to acknowledge attempts to contact them via letter, email and phone calls.

 

Thanks,

[BazzaS]

What do the term and conditions for the contract under which the invoice was raised say about

1) Applicable law

2) Court with jurisdiction?

[Andyorch]

The County Court has powers under the Civil Jurisdiction and Judgments Act 1982 to hear claims outside England and Wales if the defendant is domiciled in the United Kingdom.

 

You can claim against defendants resident in Scotland, Northern Ireland and the Isle of Man as long as there are no other proceedings pending between the parties in the courts of any other part of the United Kingdom.

 

How do you file a claim that requires serving out of jurisdiction?

 

If you are serving a claim form on a defendant where the permission of the court is not required for service we can do so under Civil Procedure Rules 6.32 or 6.33.

 

file with the claim form a notice containing a statement of the grounds on which you are entitled to serve the claim form out of the jurisdiction; and

serve a copy of that notice with the claim form.

 

Where the claimant serves on a defendant in Scotland or Northern Ireland under rule 6.32, the period for filing an acknowledgment of service or admission is 21 days after service of the particulars of claim

 

The period for filing a defence is 21 days after service of the particulars of claim.

 

The period for filing both the acknowledgment of service and the defence is 35 days after service of the particulars of claim.

 

Particulars of claim that cannot be contained in or served with the claim form can be served separately on the defendant as long as they are served within 14 days after service of the claim form.

[BazzaS]

Correct Andy, provided the contract between the parties doesn't have a jurisdiction clause that precludes it ..... hence my earlier reply.

[kregrs]

Correct Andy, provided the contract between the parties doesn't have a jurisdiction clause that precludes it ..... hence my earlier reply.

 

There wasn't a contract as such, I'm a freelance driver, rates and payment terms were agreed over the phone and confirmed via email, no formal contract in place. Stupid I know...

[BazzaS]

At least you have an email confirmation!

[cchange]

Thing is with money claim online, you have to use a postcode in England or Wales for the defendants service address (registered address). Theres no other way round this with mcol.

I've bypassed this for companies registered in Scotland by using one of its England offices for paper service and then emailing a draft copy of the N1 claim form downloaded from mcol (telling them you'll get this in the post soon).

I email serve at the weekend hoping to get an out of office acknowledgement or use a generic address that gives auto-receipts as proof of service (to be filed with the N215).

[Andyorch]

Thing is with money claim online, you have to use a postcode in England or Wales for the defendants service address (registered address). Theres no other way round this with mcol.

I've bypassed this for companies registered in Scotland by using one of its England offices for paper service and then emailing a draft copy of the N1 claim form downloaded from mcol (telling them you'll get this in the post soon).

I email serve at the weekend hoping to get an out of office acknowledgement or use a generic address that gives auto-receipts as proof of service (to be filed with the N215).

 

I have already explained in post#3 above how to serve a claim out of jurisdiction through MCOL ?

 

Andy