Help needed


H

Heinz Posingis

Hello,

maybe someone can help me.
I stay in germany, have a customer ( a shop) in Nottingham and he still owns
me a few hundred pounds.
What possibilities do I have to claim the money?

Thanks, Heinz
 
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R

Ronald Raygun

Heinz said:
maybe someone can help me.
I stay in germany, have a customer ( a shop) in Nottingham and he still
owns me a few hundred pounds.
What possibilities do I have to claim the money?
What exactly is the problem? Does the customer deny that the
money is owed, or is he just being "slow" to pay? Do you have
solid evidence that the money is owed? Does he have the money?
If yes to both, then the obvious answer is to file a claim in
Nottingham County Court under the Small Claims procedure.

You may find it easier to use a local agent, but in theory I don't
think it is necessary to appear in person. Provided the evidence
is irrefutable, it may pe possible for the whole matter to be
dealt with by mail.

Not sure what this has to do with accountancy, mind. Surely
it's a legal matter.
 
J

John Pointon

Heinz Posingis said:
Hello,

maybe someone can help me.
I stay in germany, have a customer ( a shop) in Nottingham and he still owns
me a few hundred pounds.
What possibilities do I have to claim the money?

Thanks, Heinz
It all depends on which country has jurisdiction over the contract.
The Brussels Convention of 1968 on jurisdiction and the enforcement of
commercial judgements is here in point. Both the United Kingdom and
Germany are signatoriesto the Convention.

Article 2 lays down the general principle that a person domiciled in a
Contracting State whatever thir nationality may be sued in the Courts
of another Contracting State. Article 5 goes on to state that in
matters relating to a contract the proper jurisdiction rest with the
courts for the place of performance of the contractual obligations.

Thus, if the contract were for the delivery of goods, the proper
jurisdiction would appear to be England and Wales. However, Article 17
states that if the parties have agreed that the courts of a
Contracting state are to have jurisdiction to settle any disputes,
that court shall have exclusive jurisdiction. Such agrrement has to be
evidenced in writing, or be in a form which accords with practices the
parties have established between themselves, or in a form which is
widely accepted and used in the particular trade concerned.

If your contract specifically state that German courts would have
jurisdiction, then you should start legal proceedings there.

A judgement in a German court is enforceable in the United Kingdom by
registering it with the High Court. You would then be able to pusue
all the usual United Kinggdom enforcement measures, distraint (seizure
of gooods), attachnment of earnings or, if the amount exceeds £750,
initiate bankriptcy proceedings.

If the United Kingdom has jurisdiction, you would file a claim with
the Count Court coveribg the area where your debtor has his place of
business. There is a court fee payable depending on the amount of your
claim. The present rates are:-

(a) does not exceed £300.................……..£30
(b) exceeds £300 but not £500...........….…£50
(c) exceeds £500 but not £1,000........….….£80
(d) exceeds £1,000 but not £5,000.....…....£120
(e) exceeds £5,000 but not £15,000...…....£250
(f) exceeds £15,000 but not £50,000…….£400
(g) exceeds £50,000 but not £100,000…...£600
(h) exceeds £100,000 but not £150,000….£700
(i) exceeds £150,000 or not limited...…….£800

If the amount you claim is small - you state it is a few hundred
pounds, the case will be allocated to the small claims track.
Unfortunately, apart from the Court fee, you will not normally be able
to recover any costs you incur in bringing the proceedings.

If your debtor does not dispute your claim, you may apply to the Court
for judgement to entered against him. You will then be able to enforce
the judgement. If he enters a defence (Ie disputes your claim) the
matter will go to trial.




John Pointon
"In business to grow your business"
Accountant, Tax Consultant
 
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K

Keith

Heinz Posingis said:
Hello,

maybe someone can help me.
I stay in germany, have a customer ( a shop) in Nottingham and he still owns
me a few hundred pounds.
What possibilities do I have to claim the money?

Thanks, Heinz
Hire me, geezah...

.... broken leg's a score, black eyes a cockle..
 

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