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Enforcing a judgement from an english court in scotland

  • Thread starter Thread starter Airecoms
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Airecoms

Ok I'm trying to get back around £550 from a company in scotland that is refusing to pay an invoice.

I've gone through my local county court and filled out the claim form, as my terms and conditions state that the contract of sale is governed by english law etc.

They've just rung me and said that once they 'stamp' the claim I have to serve the papers myself and then pay extra for the judge to make a verdict and then the verdict isn't enforceable by the english court (which to me sounds like it makes the verdict pointless if its not enforceable).

They've said I'd have to get the scottish sheriffs to enforce it and they'd probably work off comission and it may not be worth me continuing with the claim!

Can anyone help me as its money I need as a small business, any advice or alternatives to getting this back would be welcomed.

Thanks,
Adam
 
As you have judgment and your client has agreed to the case being subject to English law you can use the court to call him to provide oral evidence as to his means, bank accounts etc on application. Unfortunately all enforcement wherever needed means extra up front costs for you and on all debts under a couple of thousand you need to make a commercial decision on how much more you can potentially lose in collections. On £550 unless you know the business involved is able to pay it may be easier to write off than pursue at further expense to you.

Another alternative is to pursue via a no win no fee debt collection agency operating in Scotland.
 
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The company is a big chain of pubs clubs and resturants. They have the cash.

Maybe no win no fee is the way forward.
 
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