Scottish Simple Procedure Scheme Problems.

[Teejayess]

I used the Simple Procedure scheme to seek compensation for breach of contract in a property transaction. The seller had left movable items and removed most of the decorative light fittings without my knowledge. In court, I included as evidence extracts from the Scottish Standard Clauses relating to electric light fittings (fixtures) and lampshades (movable items). The seller claimed that the ceiling lights, which included chandeliers, were shades and could be removed. The sheriff agreed with the seller and dismissed this part of my claim.
I later asked the court for a written record of the decision; I was told this was not possible. I asked if I could appeal or complain and was informed that appeals were only allowed on points of law and complaints only about the sheriff's behaviour. Neither the Judicial Office for Scotland nor the Justice Directorate of the Scottish Government would engage with me because that would interfere with the independence of the judiciary and would mean commenting on an individual case which was not allowed.
The lack of transparency and restrictive rules of the Simple Procedure scheme, combined with the justice system's reluctance to provide a reasonable reason for the court's decision on the definition of a chandelier as a lampshade has left me dissatisfied with the outcome of my case. Can anyone explain to me why a ceiling light, screwed in place and wired into the electricity supply, can be a movable lampshade?

[Amethyst]

Did they replace the light fittings with standard pendants or just leave you with no ceiling lights at all ?


Anyway... was there an agreed inventory drawn up during the purchase process ?

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[Teejayess]

Thanks. Yes, the chandeliers and other decorative ceiling lights were replaced by plastic holders but no bulbs. My complaint was based on the fact that the original lights were in place when we viewed the property and only became aware of the change when we moved in. I still cannot believe that the court agreed with the seller that the original lights were shades and therefore movable items!