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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 11205
Experience:  Senior Associate Solicitor
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I want to make a small claim against a company in scotland

Customer Question

I want to make a small claim against a company in scotland for £7,500.00
what form should i be using as its not clear for this amount?
also I need to send a cease and desist letter meanwhile can you advise please
Submitted: 6 days ago.
Category: Law
Expert:  JimLawyer replied 6 days ago.

Hi, this is Jim, thank you very much for the question - I will resolve this for you today.

If you are in England & Wales, and the Defendant is in Scotland, you need forms N1 and N510 (the latter you need to go to page 2 and tick the first tick box, then sign the form). You need 3 copies of the N1 / N510 and post to County Court Money Claims Centre, PO Box 527, Salford, M5 0BY. The court then issues the claim and returned the forms to you to serve - you then use form N215 (attached) to serve the pleadings.
For a claim of £7500 the court issue fee is £455. If you pay by cheque, it is made payable to HMCTS. If no cheque is enclosed the court will ring you to take payment over the phone. The £455 is added to your £7500. You can also claim interest of 8% daily from when you were first owed the money to when you issue the claim, so that is £1.64 per day. That is also added to the claim.
Once you obtain a court judgment for the full sum owed, the defendant has 14 days to pay - if they do not pay you can register the judgment with the Scottish courts for enforcement.

For a cease and desist letter, go to the law depot site and type in the search box "cease and desist", you want the general letter, which can be tailored and downloaded. The site is here:
http://www.lawdepot.co.uk

I hope this helps - please feel free to ask me anything else. If you could please click 5 stars at the top of the screen I would be grateful.
Have a good evening.
Jim

Customer: replied 6 days ago.
Thank you so much for your reply, its really helpful, just one question... I have filled in form N! and it will not take the scottish postcode for the respondent, i have tried a number of times but it wont allow me to continue on the form, I looked into the scottish secondary cause form but that only takes claims up to £5,000
Customer: replied 6 days ago.
Ive got it, please scrap that...I think ive got form blindness, thsk
Customer: replied 6 days ago.
If i send you my draft, can you take a look and advise if wording is good and strong please
Customer: replied 6 days ago.
The Claim is for Unpaid invoices for original Design works and patterns completed under contract.
All works were finished and handed over to the client, who then immediately made a number of unsubstantiated accusations of 'abuse of power' and has point blank refused to pay the outstanding invoices and refuses to engage in a conversation to resolve the issues she claims.Meanwhile the Defendant continues to use the original works without permission and is being pursed by the Claimant with a Cease and Desist Order until all works are paid for in full.
The Claimant has continued to request proof of the claims made against them without reply or any evidence. and the defendant refuses to engae in any pre - action protocol.Respondent has refused to pay Invoices owing to both the Claimant and Contracted workers for pattern making, The Defendant has used Intimidating, aggressive and abusive Language to both the Claimant and the Contractors.
Expert:  JimLawyer replied 6 days ago.

Thanks, ***** ***** hand-write it on the form. Your wording is fine by the way - it is a small claim, so one under £10K - no legalese is required, just plain English and what you have put is fine.

Customer: replied 6 days ago.
LEASE ADVISE YOUR THOUGHTS ON THE WORDING OF THE FIRST PARAGRAPH AS THIS PROPORTS TO THE COPY RIGHT BEING SUBJECT TO FIRST BEING POSTED ONTHIt has come to my attention that you have made an unauthorized use of my copyrighted work entitled Kait Bolongaro (the "Work"). I have reserved all rights in the Work, which was first published in July on www.aqua-rock.com, and I have preserved my rights to the copyright of the Work.Your work entitled Aqua&Rock contains and is republishing original content from the Work.Respondent engaged kait bolongaro to deliver original designs and artworks, subject to contract,
Claimant delivered goods in good faith and subject to contract with no negative review or evidence of.Respondent refuses to pay invoices due
false accusations against the Claimant.Claimant request respondent support their claims with evidence.Respondent does not respond or offer any evidence to support their claim.Claimant request respondent engage in mediation/ conversation to settle dispute.Respondent does not engage.Claimant requested defendant ceases to use unlicensed designs and artworks until payments are settled.Respondent has continued to use all original designs and artworks without permission or licence subject to breach of contract and unpaid invoices.Claimant has issued a claims in the courts to recover the Monies owed to both the Claimant and the Contractor engaged by the Claimant on the behalf of the Respondent and with full knowledge.I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies of it, including electronic copies of same, and that you desist from this or any other infringement of my rights in the future.If you do not immediately remove the infringing material from Aqua&Rock, and notify me in writing that you have done so, I will consider taking further action against you. I require the infringing material to be removed, and written notice given that such material has been removed, by no later than one week from the date of this letter.Please give this very important matter the utmost attention.Sincerely,Kait E Bolongaro©2002-2020 LawDepot.co.ukIt has come to my attention that you have made an unauthorized use of my copyrighted work entitled Kait Bolongaro (the "Work"). I have reserved all rights in the Work, which was first published in July on www.aqua-rock.com, and I have preserved my rights to the copyright of the Work.Your work entitled Aqua&Rock contains and is republishing original content from the Work.Respondent engaged kait bolongaro to deliver original designs and artworks, subject to contract,
Claimant delivered goods in good faith and subject to contract with no negative review or evidence of.Respondent refuses to pay invoices due
false accusations against the Claimant.Claimant request respondent support their claims with evidence.Respondent does not respond or offer any evidence to support their claim.Claimant request respondent engage in mediation/ conversation to settle dispute.Respondent does not engage.Claimant requested defendant ceases to use unlicensed designs and artworks until payments are settled.Respondent has continued to use all original designs and artworks without permission or licence subject to breach of contract and unpaid invoices.Claimant has issued a claims in the courts to recover the Monies owed to both the Claimant and the Contractor engaged by the Claimant on the behalf of the Respondent and with full knowledge.I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies of it, including electronic copies of same, and that you desist from this or any other infringement of my rights in the future.If you do not immediately remove the infringing material from Aqua&Rock, and notify me in writing that you have done so, I will consider taking further action against you. I require the infringing material to be removed, and written notice given that such material has been removed, by no later than one week from the date of this letter.Please give this very important matter the utmost attention.Sincerely,Kait E BolongaroIt has come to my attention that you have made an unauthorized use of my copyrighted work entitled Kait Bolongaro (the "Work"). I have reserved all rights in the Work, which was first published in July on www.aqua-rock.com, and I have preserved my rights to the copyright of the Work.
Your work entitled Aqua&Rock contains and is republishing original content from the Work.
Respondent engaged kait bolongaro to deliver original designs and artworks, subject to contract,
Claimant delivered goods in good faith and subject to contract with no negative review or evidence of.
Respondent refuses to pay invoices due
false accusations against the Claimant.
Claimant request respondent support their claims with evidence.
Claimant has made a claim in the courts
Expert:  JimLawyer replied 6 days ago.

Morning, that is a very good cease and desist letter. Perhaps add that unless you receive confirmation within 7 days that they will cease and desist, you will have to apply for injunctive relief from your local county court.

Customer: replied 5 days ago.
Thanks Jim,regarding form N510, can you please clairy the box to tick, there is a part one and apart twoPART 2 –is this what I should tick?
what about part 1 ?
Service of the claim form in any jurisdiction other than England and Wales, Scotland and
Northern Ireland
In proceedings to which CPR 6.33(1)(a) and 6.33(1)(b)(i) apply the statement is:
“I state that each claim made against the defendant to be served and included in the claim form is a claim
which the court has power to determine under [The Civil Jurisdiction and Judgment Act 1982] or [the Lugano
Convention] and
(a) no proceedings between the parties concerning the same claim are pending in the courts of any other
part of the United Kingdom or any other Convention territory; and
(b) the defendant is domiciled in [the United Kingdom] or [in a Convention territory, namely (state which)].”
Expert:  JimLawyer replied 5 days ago.

Hi there, thanks for the further question. First send them the letter before action (see attached) to give them the chance to avoid court action.
In terms of your N510 form, you need Part 1 only. And it's the first tick box (as the defendant is within the UK). Then sign the form.
I hope that helps. Have a great day.
Jim

Expert:  JimLawyer replied 5 days ago.

Hi there, I’m just checking to see if the answer helped or if you need me to cover anything else?. Many thanks.