Small claims court Scotland

Small claims court Scotland

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bigbob77

Original Poster:

593 posts

166 months

Tuesday 28th June 2016
quotequote all
I believe the council owes me £200. They took 6 months to say "no"... I still think they owe it to me.

I have been through the council's processes and found them an utter waste of time. Nobody even answered my formal complaint other than an acknowledgement email.

If I start a small claims case against them, https://www.scotcourts.gov.uk/rules-and-practice/f... says I need to pay an £18 fee, which I'm fine with.

Questions:
1) Is there anything else I'll need to pay?
2) Will I have to attend in person? £200 isn't worth losing a day of work.
3) If I lose, is there a chance I'll have to pay anything else?

brrapp

3,701 posts

162 months

Tuesday 28th June 2016
quotequote all
You'd be better off contacting the Scottish Public Services Ombudsman. If you've followed the council's complaints procedure and not had a satisfactory result than they will help. They'll make a ruling based on fact and can force the council to make compensation payments if appropriate. It won't cost you anything.

matchmaker

8,490 posts

200 months

Tuesday 28th June 2016
quotequote all
bigbob77 said:
I believe the council owes me £200. They took 6 months to say "no"... I still think they owe it to me.

I have been through the council's processes and found them an utter waste of time. Nobody even answered my formal complaint other than an acknowledgement email.

If I start a small claims case against them, https://www.scotcourts.gov.uk/rules-and-practice/f... says I need to pay an £18 fee, which I'm fine with.

Questions:
1) Is there anything else I'll need to pay?
2) Will I have to attend in person? £200 isn't worth losing a day of work.
3) If I lose, is there a chance I'll have to pay anything else?
1. No
2. If the council decide to defend it, yes. At least twice.
3. No - if the action is for £200 or less, there is no award of expenses either way.

TooMany2cvs

29,008 posts

126 months

Tuesday 28th June 2016
quotequote all
bigbob77 said:
I believe the council owes me £200. They took 6 months to say "no"... I still think they owe it to me.
I presume you've got some evidence other than "I believe..."?

bigbob77

Original Poster:

593 posts

166 months

Tuesday 28th June 2016
quotequote all
TooMany2cvs said:
bigbob77 said:
I believe the council owes me £200. They took 6 months to say "no"... I still think they owe it to me.
I presume you've got some evidence other than "I believe..."?
As opposed to taking each council in the country to court on the off-chance they do owe me £200?

Yes I have evidence.

bigbob77

Original Poster:

593 posts

166 months

Tuesday 28th June 2016
quotequote all
matchmaker said:
2. If the council decide to defend it, yes. At least twice.
Thanks smile. If they decide to defend it, can I at that point give up and just lose my £18? As much as I think I'm right, I'm not giving up 2+ days of work for it.

bigbob77

Original Poster:

593 posts

166 months

Tuesday 28th June 2016
quotequote all
brrapp said:
You'd be better off contacting the Scottish Public Services Ombudsman. If you've followed the council's complaints procedure and not had a satisfactory result than they will help. They'll make a ruling based on fact and can force the council to make compensation payments if appropriate. It won't cost you anything.
Thanks, sounds like the best option smile.

matchmaker

8,490 posts

200 months

Tuesday 28th June 2016
quotequote all
bigbob77 said:
matchmaker said:
2. If the council decide to defend it, yes. At least twice.
Thanks smile. If they decide to defend it, can I at that point give up and just lose my £18? As much as I think I'm right, I'm not giving up 2+ days of work for it.
Yes.

loskie

5,218 posts

120 months

Tuesday 28th June 2016
quotequote all
Check that you also don't have to pay fees for the relevant papers to be served on the council or individuals therein.

matchmaker

8,490 posts

200 months

Tuesday 28th June 2016
quotequote all
loskie said:
Check that you also don't have to pay fees for the relevant papers to be served on the council or individuals therein.
The Sheriff Clerk serves the summons by post - included in the fee. If reservice is required by Sheriff Officer an additional fee is payable.

Useful guide here: https://www.scotcourts.gov.uk/taking-action/freque...