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JGM, Solicitor
Category: Law
Satisfied Customers: 13794
Experience:  30 years as a practising solicitor.
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I live in or near Lancaster. A gentleman from scotland

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I live in or near Lancaster. A gentleman from scotland bought goods from me for which he has not paid. Do I make the claim through the English or scotish court please it is a small claim of £3400. Robert
Assistant: Where are you? It matters because laws vary by location.
Customer: Bentham near Lancaster LA27DA. The defendant is in Dunbar. He bought the goods (trout) and collected them from our farm at Bentham.
Assistant: What steps have you taken so far?
Customer: Six months of request and offers to give him time. All just ignored. Asked him if he had any reason not to pay. Again no response. Sent a formal letter to say we would start legal proceedings.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Cannot think of anything. I am used to taking proceedings ourselves as the court advises but this is the specific question I have.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Did you sell the goods online?

Customer: replied 5 months ago.
No we are trout farmers. The customer came and collected the live trout with his truck. He took 3 loads but only paid for the first.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks. Many thanks.

Customer: replied 5 months ago.
My question is a simple one. Which court do I use England Or Scotland for which I have paid £5 I will not pay more.
Customer: replied 5 months ago.
Pleasde will you answer my question.

Thanks for your question.

Im sorry the other expert has not responded. If this was a sale by you as a business to the customer as a consumer and private individual then you would normally have to sue in the place of his residence which would mean the sheriff court in Scotland. If he stays in Dunbar the court would be Edinburgh sheriff court. On the other hand if this was a business transaction and he was buying from you in the course of business then you could sue in your local court on the basis that he ought to have made payment to you at your business premises. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 5 months ago.
Thank you. Our customer is a limited company in a similar fish farming business as ourselves. I assume from your answer that we can sue in either court, is that correct? Certainly I will leave a positive rating.

Yes, you can sue in either jurisdiction. Thank you.

JGM, Solicitor
Category: Law
Satisfied Customers: 13794
Experience: 30 years as a practising solicitor.
JGM and 3 other Law Specialists are ready to help you