Dodgy garage vs Scottish Courts and Tribunals Service?

[Kellerman]

Hi all,

I have a 100% solid claim for £700 against a garage based in Stornoway. They've even admitted fault, but won't pay.

If I file a claim via the SCTS, do I physically have to attend? I live in Lincolnshire, so that will mean £400 worth of travel when the expenses I can add to the bill only allow for £150.

Any advice?

Thanks

[w1bbles]

piddy44 said:

He's likely taking the piss because he knows the distance involved & your lack of ability to chase him or lack of familiarity with the Scottish legal system. What did you do to upset him - hang your washing out on a Sunday? Funny bunch these islanders, or teuchters as the people from central Scotland like to call them (when they're not calling them sheep shaggers).

Get your money & then let others know via online reviews so that he can't rip them off as well.

Perhaps read this back to yourself in the cold light of day and ask some serious questions about your perspective. Pretty unpleasant in my view.

[Kellerman]

Thanks for the advice

Online reviews will indeed be savage when it's all done.

I'm going to ring the court tomorrow to see if I can be excused from attending in person.

[Kellerman]

piddy44 said:

I don't think that will work. As the pursuer I think the onus is on you to attend & make your case. If you don't then I doubt you'd win your action & worse, the defendent might be able to claim for costs based on your non-attendance.

Ring the court & they will advise.

That said, once the court paperwork hits the defender's doormat, I doubt it will need to go to court anyway.

Agreed, but I've got to prepare for the worst and cover all bases.

Any idea of the cost for a solicitor to attend? I can build the case and supply and organise evidence. I just need some boots in the room.

[Kellerman]

Fair shout thanks

Will update this thread in a couple of months with the outcome!

[voyds9]

Through Covid some court business was conducted through Zoom type meetings, is this still possible now. It may be a way to attend without attending

[papa3]

Kellerman said:

Agreed, but I've got to prepare for the worst and cover all bases.

Any idea of the cost for a solicitor to attend? I can build the case and supply and organise evidence. I just need some boots in the room.

Any decent lawyer under private instruction will be £200-£250 per hour minimum. I wouldn't expect any decent lawyer to accept you doing the prep work and them presenting it. All firms will issue a schedule of terms which itemises costs for letters, calls, emails and time.

[mattyprice4004]

I highly doubt you'd have to attend - in any cases of mine the defendant just pays up the moment the papers hit the mat (3 for 3 so far!)
I would call the court and ask if video representation is possible, it seems quite unreasonable to ask you to make that journey just for a 30 minute hearing.

[Kellerman]

Thankyou gents for some excellent help