Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Hi there. Yes of course. In order to provide you with the best advice, please can you provide me with some background information on the claim you would like to make. Thank you
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Hi there, sorry I was engaged in court earlier. There are a couple of factors you need to consider here. First of all was there anything in the contact of sale which stated which country’s laws would apply to this situation. It may well be that the company is registered in Scotland but that its contracts for business done in England are governed by English laws.
Secondly, the courts have the power to decide that the laws of one country should be applied in a particular case. The factors that determine this is if the nature of the transaction means that the contract was performed in that country. So even if you had a Scottish company on the other side, but they sold you a car in England through their English dealership and you were also domiciled in England, then it is clear that the performance of the contract was undertaken in England and that English law should be the most appropriate one here.
So it would be best to sue the company even if registered in Scotland and to use the Huddersfield address as the address for service.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Thank you. If they do not respond within the deadline and you have not heard from them with an explanation as to why there has been a delay, you can ask the court to consider issuing a judgment in default - basically you would automatically be declared the 'winner' of the claim just because they have not bothered to repsond to it. However, once such an application is made it usually prompts them to get their act together and they will be given a chance to respond, even if done late. Some brief text that backs up what I said can be found here, just for reference :
They still need to give valid reasons and then the court will decide if they are indeed valid otherwise it will be treated as a no response. It's a difficult one with fees, they say that you need to be sure that the claim you are making is correct otherwise the issue fee will not be refunded, so you may have difficulty getting it back but I cannot guarantee it won't work as I have never had to request a refund myself so not sure what they will consider
You are most welcome, all the best
Hello again, even if the agreement says it is under Scottish law, the courts can decide that English law is the most appropriate here, it is just that there is no guarantee of that so it will always be somewhat of a risk claiming there and hope that they agree with you.