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Fighting Small Claims Overseas

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  • Fighting Small Claims Overseas

    Hello, I live in Japan, and I started 2 small claims against my former employer for not paying me my last 2 invoices after I quit the job.

    I wrote the details of the claim in*https://legalbeagles.info/forums/for...a-counterclaim*, but to make the story short, I was working remotely from Japan for this UK based company, and after some abuse from the CEO I quit my job, and then the CEO ignored the due-date of the last 2 invoices, first claiming that the invoices were "on hold" until company property reached their offices, and then they used the last 2 invoices as hostage so that I would remove a Google Review with my honest experience with the company, and I would sign a contract that would make me liable for talking for 10000 GBP if I ever said or write anything that would be perceived as negative towards the company.

    But even thou I think I'm completely in my rights to talk freely about my experience about this company, I removed the Google Review to show good faith and to just end this drama, but refused to sign any extra contract so that I would get paid what I was rightfully owed.

    But after I removed the review, all communication ceased with the company. I sent the company a pre-action email, saying I was willing to go to mediation, but they never responded to it, so I ended up filling for 2 claims, one for each invoice, in MCOL, using a friends address as my correspondence address.

    I was hoping this guy would just give up, but it seems that he wants to drag this as much as posible, and make my life as miserable as posible, since he filled counter-claims for the 2 claims, that even thou I've not yet received the details of the counterclaim, with the form saying that they were going to send the details via post, but have not received anything yet, it did said it was basically claiming that they don't owe me anything anymore because of damages for "malicious falsehood".

    I don't think they have a case at all, and this is just to drag this problem, and to make my life a hell, but I'm worried about my next steps.
    Because of the counterclaim, the case was transferred out of MCOL, making it more difficult for me to do anything, since I don't like in the UK.
    Also, in the questionnaire I received on the correspondence address I used, it says about a hearing, and a hearing venue, so does that means I have to go to the UK just for this?
    Should I use a solicitor?* Can I ask the court for the defendant to pay the costs of either travel expenses or my solicitor?
    Is it posible to have a hearing remotely?

    Thanks a lot.
    Tags: None

  • #2
    One would imagine that any deal you had with this UK based business would have a contract which states legal venue, probably the UK.
    I believe that where the value of claims is less than £10k it is not possible to reclaim legal expenses in a county court action.
    "Litigants in person" must appear "in person"!

    Comment


    • #3
      Originally posted by DickFiddler View Post
      One would imagine that any deal you had with this UK based business would have a contract which states legal venue, probably the UK.
      I mean to the "Hearing Venue" in the N180 form, as far as I know this has nothing to do with the jurisdiction of the contract, but where do I whish to have the court hearing.
      Originally posted by DickFiddler View Post
      "Litigants in person" must appear "in person"!
      My question was about if I can let a solicitor take my place. Also I'm aware that some courts in the UK have remote capabilities for hearings, so that's why I asked.

      Comment


      • #4
        Originally posted by skg001 View Post
        I mean to the "Hearing Venue" in the N180 form, as far as I know this has nothing to do with the jurisdiction of the contract, but where do I whish to have the court hearing.

        My question was about if I can let a solicitor take my place. Also I'm aware that some courts in the UK have remote capabilities for hearings, so that's why I asked.
        Hearing venue would usually be the most convenient local court to a claimant.

        Many contracts contain conditions, for example governing laws, which fix the method of their enforcement - you should check your contract.

        I am not certain as to the situation regarding remote evidence.

        You should consider the value of these invoices carefully before proceeding.

        My instinct is; if their total is below £10,000 you will probably not be able to recover legal costs, and it may cost you more in legal fees than the balance owed.

        Before you do ANYTHING else, you should find a good solicitor close to offices of the UK firm in question.

        Best regards,
        Richard.

        Comment

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