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

[rfisher]

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

[JustinP1]

Courts in the UK need a UK address to send the claim to.

[Whatty]

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]

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]

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?