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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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We are 2 retired uk residents seeking to make a small claim

Resolved Question:

We are 2 retired uk residents seeking to make a small claim for incomplete payment of professional fees against a Maltese registered company. The amount owning is £2100.
There was no formal contract, all the work was carried out in the UK, and the fees were billed in Pounds sterling.
Question - would the UK Small Claims Court be an appropriate court of jurisdiction coupled with a European Payment Order, in the event of a successful claim
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you today. The European Payment Order is for claims which are for €2,000 or less - £2,100 is over the limit unfortunately. You can use the MoneyClaim Online system in the Uk and if you successfully obtain judgment you can the enforce it under EU regulations. Under the Brussels Regulation and Lugano Convention, a creditor can enforce a debt in another country if that country uses the regulation or convention. The Brussels Regulation includes all EU countries, except Denmark; and the Lugano Convention covers members of the European Free Trade Association.
Customer: replied 1 year ago.
If I understand the above correctly, the UK small claims would be an appropriate court in this instance for the amount in dispute
Expert:  Alice H replied 1 year ago.
Does the company in question have an office in the UK or is their entire operations based in Malta?
Customer: replied 1 year ago.
only in Malta
Expert:  Alice H replied 1 year ago.
That's fine - because they are in the European Economic Area (EEA) - you can issue the proceedings in England and apply to serve the claim form on the business address in Malta. However, when it comes to enforcing the judgement, if you win the claim, you will have to use local Maltese enforcement procedures.
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Customer: replied 1 year ago.
I thought that was covered by the European Enforcement order as Malta has signed up to the European procedure
Customer: replied 1 year ago.
I meant European Payment Order
Expert:  Alice H replied 1 year ago.
Yes you can apply for a European Payment Order but the limit is 2,000 Euros and your claim is for more.