Using the Small Claims Court for a USA company (now bust)
Using the Small Claims Court for a USA company (now bust)
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Discussion

rfisher

Original Poster:

5,068 posts

314 months

Thursday 7th May 2009
quotequote all
Can you use the SCC in this country to pursue a claim against a USA company?

I sent 2 mini-laptops back to OQO in the USA for repairs under warranty.

They have gone bust and are apparently returning units unrepaired.

If they do this to me I'll be out of pocket to a significant degree and be unable to get these units repaired.

Is it possible to claim a full refund via the SCC - presumably via the receivers in the USA?

(As ever rolleyes not sure if this is the correct forum so mods do your stuff if it isn't.)

JustinP1

13,364 posts

261 months

Thursday 7th May 2009
quotequote all
Courts in the UK need a UK address to send the claim to.

Whatty

598 posts

212 months

Thursday 7th May 2009
quotequote all
If they've gone bust then there's probably be a long line of creditors in front of you wanting their pound of flesh. Unless you secure the services of a US lawyer then you're probably better to write this off to experience. I'm based in the US so can steer you in the right direction of a decent lawyer but unless you're claiming a substantial amount it does sound like you'll be throwing good money after bad.

jamesuk28

2,176 posts

284 months

Thursday 7th May 2009
quotequote all
Creditors from any country can use SCC as long as they have a service address in England or Wales.

In your case the debtor should be in England or Wales, so unless its for mega bucks forget it.

Deva Link

26,934 posts

276 months

Thursday 7th May 2009
quotequote all
Did you by any chance pay for them using a personal credit card? if you did, then you could possibly claim the original cost back from the CC company.

As other have said, you can only use UK courts for UK issues, and if the firm has gone bust then it's a moot point anyway. Who would you claim off?