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Does court have jurisdiction

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  • Does court have jurisdiction

    Hi .

    I have received a claim from the County Court.

    An Australian company has taken me to court does the court have jurisdiction.

    Its is for good supplied by them, in my opinon they were not as described although they would disagree
    Last edited by metsie; 23rd May 2018, 11:11:AM.
    Tags: None

  • #2
    It is impossible for anyone here to provide you with an answer without some information to go on. If you could you kindly start with information on the basis of the claim? why have they taken you to Court? and perhaps provide the particulars of claim then members will be able to understand the nature of the issue and provide informed comments.

    To start with, if this is a matter of breach of contract (cant think what else it is likely to be), if it was incepted in the UK or the terms say that the agreement is governed by the law of England and Wales and gives those court's jurisdiction then it matters not where the Claimant is domiciled, it can raise proceedings in the UK.
    I am not legally qualified and my comments and observations are not given, nor are they to be taken or relied upon as legal advice. Debt matters are often complex and public forums should not be seen as a substitute for professional legal advice.

    Comment


    • #3
      Originally posted by Rebz View Post
      It is impossible for anyone here to provide you with an answer without some information to go on. If you could you kindly start with information on the basis of the claim? why have they taken you to Court? and perhaps provide the particulars of claim then members will be able to understand the nature of the issue and provide informed comments.

      To start with, if this is a matter of breach of contract (cant think what else it is likely to be), if it was incepted in the UK or the terms say that the agreement is governed by the law of England and Wales and gives those court's jurisdiction then it matters not where the Claimant is domiciled, it can raise proceedings in the UK.
      Hi Its is for goods supplied by an Australian company, I have not paid it as the goods were not as discribed

      Comment


      • #4
        can you post up the Particulars of Claim please? (it'll help the other Beagles understand the issue a little better)

        Also ... How did you order the goods? How long ago? Did you tell/complain to the company about them not being satisfactory?
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

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        Comment


        • #5
          Originally posted by metsie View Post
          Hi .

          I have received a claim from the County Court.

          An Australian company has taken me to court does the court have jurisdiction.

          Its is for good supplied by them, in my opinon they were not as described although they would disagree
          It depends if the claim is from an Australian County Court or one in England and Wales?
          COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

          My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

          Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

          Comment


          • #6
            Originally posted by jaguarsuk View Post

            It depends if the claim is from an Australian County Court or one in England and Wales?
            The claim is from a court in England

            Comment


            • #7
              Originally posted by metsie View Post

              The claim is from a court in England
              Then yes the court has jurisdiction assuming you also reside in England or Wales.

              As suggested I think you need to post a copy of the claim form with personal info removed or copy this template to type out and post the info needed:

              Issue Date:
              Have you Acknowledged the Claim?:
              Total Amount Claimed:
              Claimant’s Name:
              Solicitors Firm:
              Original Creditor:
              Original Debt (eg. Credit card/Loan/Overdraft) :
              Particulars of Claim: Please type out in full excluding names/account numbers:
              Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
              List any letters you have sent (eg: CCA/ CPR )
              Any Other Information or Background Details:
              COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

              My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

              Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

              Comment

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              SHORTCUTS


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