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can a Scottish resident file a claim in English courts?

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  • can a Scottish resident file a claim in English courts?

    I'm taking EDF to court via local Sheriff Court over consumer rights issues but EDF say below that I can't use the Scottish courts. Does anyone agree that this is totally unfair to their customers in Scotland like me and can a Scottish resident file a claim in English courts?

    the claim has not been brought in the correct jurisdiction and the matter should be determined by the English courts pursuant to the Defendants terms and conditions of supply which has been previously sent to the court . An updated version of those terms are attached but the clause relating to jurisdiction remains the same. We respectfully invite the court to consider clause 5.5j which confirms that in the event of a dispute the matter must be determined by the English courts.
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  • #2
    Originally posted by bigrick View Post
    I'm taking EDF to court via local Sheriff Court over consumer rights issues but EDF say below that I can't use the Scottish courts. Does anyone agree that this is totally unfair to their customers in Scotland like me and can a Scottish resident file a claim in English courts?

    the claim has not been brought in the correct jurisdiction and the matter should be determined by the English courts pursuant to the Defendants terms and conditions of supply which has been previously sent to the court . An updated version of those terms are attached but the clause relating to jurisdiction remains the same. We respectfully invite the court to consider clause 5.5j which confirms that in the event of a dispute the matter must be determined by the English courts.
    EDF is registered in England, so it makes sense for them to have legal disputes decided by the English Courts.

    Also if your dispute is about 'poor customer service', there is no remedy for that through the English Courts.

    https://www.addleshawgoddard.com/glo...-jlts-edit.pdf

    Comment


    • #3
      Originally posted by echat11 View Post

      EDF is registered in England, so it makes sense for them to have legal disputes decided by the English Courts.

      Also if your dispute is about 'poor customer service', there is no remedy for that through the English Courts.

      https://www.addleshawgoddard.com/glo...-jlts-edit.pdf
      thanks. My case is re overcharging. So I assume living in Scotland I can use the English court?

      Comment


      • #4
        Originally posted by bigrick View Post

        thanks. My case is re overcharging. So I assume living in Scotland I can use the English court?
        Yes.

        Have you sent EDF a Subject Access Request?

        There maybe evidence that you can get from the data on your account.

        Make sure you get Proof of Postage.

        https://legalbeagles.info/library/gu...ccess-request/

        Comment


        • #5
          thanks I don't need a SAR at this point? During my case hearing at Glasgow EDF claimed I should use English courts and could do so online. Does anyone know where I gain access to the English courts online?

          Comment


          • #6
            Originally posted by bigrick View Post
            thanks I don't need a SAR at this point? During my case hearing at Glasgow EDF claimed I should use English courts and could do so online. Does anyone know where I gain access to the English courts online?
            https://www.citizensadvice.org.uk/la...a-small-claim/

            Comment

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