small claims court versus non-UK resident

[scooterscot]

Ah wait a minute, quantify please. English or UK, I.e Scotland?

Scotland

[Incognito]

Scotland

And they've raised this in an English county court, not the Sheriff court?

[scooterscot]

And they've raised this in an English county court, not the Sheriff court?

A draft small claims summons addressed to Glasgow sheriff court

[Incognito]

A draft small claims summons addressed to Glasgow sheriff court

Okay they've raised it correctly. It's Scots law so your argument has to be that their actions were in effect a repudiation of the contract (they didn't uphold their part) allowing you to rescind the contract which you did in writing. If the court agrees with you that the contract was rescinded then they can't rely on that term. If the court doesn't agree with you then you will be liable.

You don't need to get all the legalese correct. Simply state on your defence that you are a consumer whereas the agency is acting as a business (show the imbalance in power), you have no legal representation and that you believe the following acts (list their actions in detail) were tantamount to a repudiation of the contract and that you rescinded this, in writing, on (date) therefore there is no contractual agreement between yourself and the agency which they can rely upon.

Again, always seek your own legal opinion.

[scooterscot]

Thank you - that seems more than fair to me.