Small claims in Scotland?

[magiciansgirl]

Good afternoon all.

I hope someone can advise me re making a small claim against a private landlord in Scotland.

We've had a real battle to get back (part) of our rental deposit from a private landlord in Scotland - we are now back in London. A cheque was alleged to have gone missing, a BACS transfer didn't work etc. We had to threaten to take things further and she finally paid some money into my account in cash this week - nearly 8 weeks late.

HOWEVER without telling us in advance she was doing so, she has deducted £75 for carpet cleaning and £40 for window cleaning from the due deposit of £675. Our rental agreement actually ran from the 7th of each month and we moved a week early ie on the 1st of the month. When we gave notice - 2 months' in advance - she said she would adjust the deposit to reflect us going early - I have this in writing.

I replied - also in writing - saying that we would forego that week of rent so that she could use the money to have the carpets cleaned. So essentially she has taken £75 + £40 + £155.76 = £270.76. I have no problem with paying for the carpet and window cleaning (though I want to see receipts) but the £155.76 should have covered that and given her £15 profit. She is now not replying to emails again so I think we will have to make a small claim. I found the Scottish site rather baffling - does anyone know the procedure?

Kind regards, MG

[SpringerSpaniel]

Re: Small claims in Scotland?

Is the deposit in a protection scheme ? If so there may be an arbitration scheme you could use.

[Bill-K]

Re: Small claims in Scotland?

FWIW, MG, I am an 'ex-pat' Londoner who moved to Scotland a while ago. Over the past 5 years, I pursued my bank charges reclaims through the English Small Claims courts, as I was fairly familiar with the system. I did this, even though I was resident in Scotland. Personally, I find the Scottish "Small Claims" system difficult to use, but that is just my own feeling.

The point I am trying to make is that I believe you have the option to choose which legal system you use, if you (The "Claimant" in England - or the "Pursuer" in Scotland) are resident in England, and the "Defendant" ( - or the "Defender") is resident in Auld Scotia.

If for no other reason, I would use the English system in this case, as I think the Defendant would then be faced with the possibility of having to appear personally in an English Small Claims court, if s/he was going to contest the claim.

[Gorang]

Re: Small claims in Scotland?

as I think the Defendant would then be faced with the possibility of having to appear personally in an English Small Claims court, if s/he was going to contest the claim.

Same up here Bill, Solicitior will prob attend the very first intermediate diet but after that the defendent will prob be ordered to attend the next hearing with their solicitor by the sheriff


MG for claims up here in Gods Country

1st You have to fill out forms 1 and 1b for a Small Claim Action and these must be duplicated exactly, Form 1 is for the court and you Form 1b is for the defendant Form 1b is also the summons papers that the bank will be served with

2nd Personally take the completed forms to your nearest court and hand them to the sheriff clerk with the correct lodging dues
(£15 for claims worth up to £200)
(£65 for claims worth from £200 to £3000 the max limit for small claims in Scotland)

who will check it before submitting for approval.


Once they are approved the court will then send the summons to the defendant at no extra cost just your dues for filing the claim, once the court are satisfied that the defendant has received the summons then you will be sent back form 1, or a memo from the court along with a photocopy of the 1st page of your claim form (can be up to 2 weeks) from the court with the return date and the hearing date added on to the form

This is ONLY Basic outline of the proceedure from filling in the forms to the summons being sent

I would advise you to take your time and have a good read of these notes first before filling out the forms as these notes will give you a good feel of how the whole process works, as they are worded for the layman (ie. us)


http://www.scotcourts.gov.uk/sheriff...ance_notes.asp


Hope this helps for now

and if you need any help then please just shout

[SpringerSpaniel]

Re: Small claims in Scotland?

There is an expedited procedure for return of a rental deposit through the small claims court in England, you seek an order for Specific Performance and it is dealt with to short order.

However, you may want to try arbitration linked to a deposit protection scheme first, if this is applicable for you.

[magiciansgirl]

Re: Small claims in Scotland?

Good morning, thanks so much Gorang, Springer and Bill for very helpful replies.

The tenancy deposit schemes only came into force in Scotland this March, I believe, so ours would not have qualified, dammit.

I think I will try the English small claims route first as I'm familiar with it and I think it's unlikely that our landlady would want to come south for this. I also think she's quite likely to pay up before a hearing because she's now a freelance financial advisor.

BTW the carpets weren't filthy or anything - just surface grubbiness in busy areas since they choose to put down pale cream wool throughout - not the most practical colour in rainy Glasgow!

Kind regards, MG