Claim against a company registered in Belfast...

[andrew2332]

Can anyone tell me - if I as a litigant in person am living in London, and taking action against a company registered with their business address in Belfast, where would the case be heard/transferred to? London, or Belfast?

[andrew2332]

Re: Claim against a company registered in Belfast...

Anyone?

[charitynjw]

Re: Claim against a company registered in Belfast...

Hi andrew2332

Is this a contractual matter?

If so, does the contract state which law/legal system governs it?

[des8]

Re: Claim against a company registered in Belfast...

I believe it should be London.
use form N510 (www.moneyclaimsuk.co.uk/PDFForms/N510.pdf)

[andrew2332]

Re: Claim against a company registered in Belfast...

31.3. All other disputes not covered by Clause 31.1 or Clause 31.2 and subject to Clause 31.4, or any other claims or proceedings arising out of or in any way relating to the Services or these Terms of Use shall be governed by the laws of Ireland and the Irish Courts shall have exclusive jurisdiction for the purpose of any such proceedings arising out of or in any way relating to the Services or these Terms of Use.

[des8]

Re: Claim against a company registered in Belfast...

Perhaps you could tell us what your dispute is

[andrew2332]

Re: Claim against a company registered in Belfast...

It's against Paddy Power - they didn't honour my bet.

[des8]

Re: Claim against a company registered in Belfast...

Clause 31.3 purports to restrict the right of the consumer to taking action only in N. Ireland, and reserves jurisdiction to Irish courts.
Clause 31.4 states the company has the right when initiating action to nominate the country in which to take action and choose the jurisdiction.

IMO that is an imbalance, and not permitted by UK law, and also think somewhere there is a EU directive which harmonises this approach
Hopefully others are more knowledgeable and can point in the right direction

[andrew2332]

Re: Claim against a company registered in Belfast...

So a hearing, started in the UK Small Claims Court, via Money Claim online, would be transferred to London, as it is my home Court and I am litigant in person v a company?

[wales01man]

Re: Claim against a company registered in Belfast...

It's against Paddy Power - they didn't honour my bet.

Why did they not honour the bet they must have given reasons and did they refund the stake?

[des8]

Re: Claim against a company registered in Belfast...

So a hearing, started in the UK Small Claims Court, via Money Claim online, would be transferred to London, as it is my home Court and I am litigant in person v a company?

Yes, but would anticipate PP would claim the uk courts do not have jurisdiction, because of clause 31.3.

[andrew2332]

Re: Claim against a company registered in Belfast...

When I put their Belfast address into MCOL it tells me I can only start a claim against an address in wales or England? hmmh...

[wales01man]

Re: Claim against a company registered in Belfast...

Dead claim then? Now we know why these companies are not registered here

[des8]

Re: Claim against a company registered in Belfast...

When I put their Belfast address into MCOL it tells me I can only start a claim against an address in wales or England? hmmh...

Well in that case use their UK address!

Or as you are filing a claim against a N.I. address it is "out of jurisdiction" and the process is slightly different!
You send your claim form (together with form N510)to

County Court Money Claims Centre
PO Box 527
Salford
M5 0BY

[andrew2332]

Re: Claim against a company registered in Belfast...

This betting company has 31 shops in the UK - can I serve one of these?