Small claims court

[carrepairman]

If I were to take a company from the south west of England to task via the small claims court, where would the case be heard? Is it usually up here, or a random court?

[Bobinovich]

Excerpt from this page (http://www.adviceguide.org.uk/scotland/your_world/consumer_affairs_index_scotland/what_to_do_if_someone_owes_you_money_or_compensati on_for_faulty_goods_or_services_scotland.htm)...

Which court deals with the case
The application for a small claim should be made to the sheriff court nearest to where the person the claim is being taken against either lives or trades. Sometimes for example in the case of a motor accident, it should be made to the sheriff court for the area where the problem occurred. You can ask the court to check if it is the right one. Sheriff courts are listed in the phone book.

So with them being in England I believe they have county courts not sheriff courts - I'd suggest you should contact Wick SC and take their advice.

[~~~Tides~~~]

If the dispute relates to a consumer contract, then the case can be heard in the court in the area in which the consumer lives. Consumer contract is where one party holds themselves out to be a business and the other deals in their capacity as a private individual (not part of any business they might have).

So if you are buying as a private individual you could lodge a small claim in Wick sheriff court against a company from the south of England. Costs around £60 to bring the claim (recoverable if you win). There could be a high chance they would just settle rather than traipse all the way up to Wick.


These are the best guides to the process: http://www.scotcourts.gov.uk/sheriff/small_claims/guidance_notes.asp

[carrepairman]

Thank you both.