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Hi What is the procedure for claiming a debt in scotland, in england and wales we use money claim online.Thanks
Optional Information: System of Law: Scots
Hi, thank you for your question, I will assist you with this.
Can you please advise what kind of debt this is, how much it is for and any other relevant information. If there was a contract of some sort, can you confirm the jurisdiction is definitely Scotland.
Thanks
Hi
The debt is for a recharge of costs incurred on behalf of the company. They basically embarked on a project for me and it was incomplete so I had employ additional resource to finish the project. They are still claiming I owe them for the project and I am counter claiming, the amount is £3,500 plus VAT
Thanks for the additional information.
Have they commenced a claim against you already?
not yet but they are threatening too via a company in glasgow called thornton hope
Thanks,
Essentially, in Scotland, you can bring a claim for money of between £3000 and £5000 in the Sheriffs Court (less than £3000 is considered to be a small claim and the procedure is slightly different). This is known as a summary cause.
It is advisable, if you are unfamiliar with the procedure that you obtain legal advice, especially given that there appears to be a dispute between you and the other company. Given the value of the claim, if you are successful then you are awarded the costs (known as expenses in Scots law).
However, if you wish to consider doing this yourself, here is a link to the correct Scottish Court web page, which gives you the guidance notes on preparing your documents and the claim form - http://www.scotcourts.gov.uk/sheriff/summary_cause/guidance_notes.asp
If you have any further questions, please ask.
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