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small claims in scotland

8 replies

oldbuzzard · 18/05/2006 15:48

Can anyone help. I raised a small claim against someone for cost of repair to my car. I submitted all forms and defendant disputed the claim so we went to court. The sherrif asked the defendant what his defence was, and then sherrif turned to me and said that I had raised a writ and should go and seek legal advice and appear back in court in 4 weeks. I honestly feel like abandoning the case, if I do go ahead and inform the court I want to abandon proceedings, do I still have to appear in 4 weeks, or will that be an end to it. Im all a bit confused as I assumed small claims would be more informal. I know the law differs in Scotland, so can anyone with knowledge of scottish system please help.

OP posts:
saltire · 19/05/2006 18:35

I took out a small claims action against someone, but they paid up. All i can suggest is you contact CAB Scotland as soon as possible. Make sure the one you contact is in the area you live in though, otherwise they won't help you.
Sorry i can't be of more use

TicTacsMum · 19/05/2006 18:49

Partner is a Trading Standards Officer in Scotland. Will ask him when he gets back from the gym.

oldbuzzard · 19/05/2006 19:20

Thanks Tictacsmum that would be great

OP posts:
TicTacsMum · 19/05/2006 20:22

Some sheriffs can be a bit over zealous and see the small claims on the same basis as normal civil summary courts. Most cases would have been resolved at this hearing.

I can only guess that not enough evidence was present to decide the case at this stage or that it was bit more complex.

Having gone so far I would not just give up. Some Trading Standards Department can help you with your case, they may have specialist who can look at the legal case and advise on what evidence you may need. In what authority do you live and have you contacted Trading Standards. Its a bit of a postcode lottery and you may end up in a western isles call centre!

You can abandon your claim and given its small claims you would only loose the basic fee and the fee for serving the writ. Contact the sheriff officer and notify them of your intention.

oldbuzzard · 19/05/2006 21:09

Thanks for that. Im in Highland Region. So to confirm, if I go ahead and abandon this case, i will not need to appear again?

OP posts:
TicTacsMum · 19/05/2006 21:13

Hi. Dp says that if you drop the case there is not a case to answer so you shouldn't need to appear. He says you should contact Highland Trading Standards though and see what they say.

Good luck.

oldbuzzard · 19/05/2006 22:14

Thanks so much for your help, it is appreciated.

OP posts:
TicTacsMum · 19/05/2006 22:42

No probs

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