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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience:  I have been practising for 30 years.
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I'm from India, I had an agreement with a person from UK,

Customer Question

I'm from India , I had an agreement with a person from UK , now after making the payment he is not responding properly and doesn't care to fulfill the agreement terms . Can i file a case in UK Small claims court ?
Submitted: 7 months ago.
Category: Law
Customer: replied 7 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  F E Smith replied 7 months ago.

If you are still in India, would you be able to come to the UK for any court hearing?

Can you please tell us the amount of money in issue here? Thank you

Customer: replied 7 months ago.
No i wont be able to visit UK for court hearing , $4500 USD to be exact .Can i file it online , or this option is only for UK citizens ?https://www.gov.uk/make-court-claim-for-money/overview
https://www.gov.uk/make-money-claim-online ,
Customer: replied 7 months ago.
the deal was done online through skype & emails
Expert:  F E Smith replied 7 months ago.

There is nothing to stop you issuing Small Claims Court proceedings but in the Small Claims Court, you would not recover solicitors costs even if you win.

If you didn’t attend any eventual court hearing, then your claim would be thrown out.

The cost of getting solicitors to attend the court hearing is probably going to be about £2000-£3000 which you would not recover and hence, is going to be more than you are claiming.

Hence, in order to get the money back, unless you are in the United Kingdom, it’s not going to be an option.

I’m sorry, I wish I could give you a more favourable answer.

Incidentally, there is nothing to stop you transferring (assigning) the debt to someone who is in the UK and they could then issue Small Claims Court proceedings because the debt would then belong to them

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails after rating.

Best wishes.

FES

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 7 months ago.
Well got the answer , i thought everything can be done online , just need to pay just courtfeeslooks like $4.5k lost .Thanks for your help
Expert:  F E Smith replied 7 months ago.

You can issue the proceedings online it’s just that would need to attend the court hearing to put your case to the judge and if you’re not able to do that, then you would lose on the day in court. Sorry.

Customer: replied 7 months ago.
what about these debit collectors ?http://debtcollectors-uk.com/Does this work ?
Expert:  F E Smith replied 7 months ago.

You can try them but if they don’t collect, they are not solicitors and therefore they cannot issue court proceedings. That has to be done by a solicitor.

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