Small Claims Court Scotland

mpc3

Hi all,
My ex flatmate left a council tax bill of over £400. She did a disappearing act so they chased me. She is working and has been on holiday, that I know, but I dont know where she's living.
I'm currently gathering info to take her to the small claims here in Scotland.
I dont qualify for legal aid, but I have to admit it's all a bit of legal haze! My main question is because I dont know where she lives, can I serve notice on her at her place of work? Also, she is quite rough and knows a lot of people I dont want to cross - theyre potentially very dangerous - can I stop her knowing my address?
How much are we talking for it all to go through a solicitor on my part - is it very expensive?
Thanks for any help you can offer

cyberbob

You can apply for small claims at your locaL sherrif's court. You don't need a solicitor for that. I think its £65 for a claim over £200.

http://www.scotcourts.gov.uk/sheriff/small_claims/

The problem I can see you having is I believe you have to have her home address to serve her notice. It's worth ringing your local sherriff courts for advice they are normally very helpful

Chimpofdoom

http://www.hse.gov.uk/enforce/enforcementguide/pretrial/procedure-summons.htm

It mainly covers England and Wales, but I think the process is the same.

You could ask the Citizens advice bureau.

Edit:

Interesting point from the article:

sending it by first class post (or the equivalent of first class post) to an address where it is reasonably believed that s/he will receive it7; o

jblack_2

In my experience of the Scottish Small Claims procedure it is very much weighted in favour of the Defendant.

I took a tradesman to court last year for poor workmanship. He sent the summons back to the court several times stating 'not known at this address' so I then had to pay for a Sheriffs Officer to deliver it by hand.

He failed to show at court so it was awarded in my favour. He was instructed to pay the money back to me but ignored all communication with the Sheriffs Officers. They went to his home and basically said there was nothing of value they could remove.

I didn't think I'd get any money back to be honest but I did think he would receive a CCJ. Knowing the inconvenience a CCJ can cause this would have been enough for me. However, I asked the Courts what I could do and was told nothing! There is no such thing as a CCJ in Scotland and there is no way I can make him pay the money due to me (over £1500).

It certainly seems that the Scottish Civil Courts are a complete waste of time and money.

I would think that using a Solicitor would cost you far more than the £400 you're owed. Even if you won you wouldn't get all of the fees back, only a percentage of them.

Good luck.

somethingcorporate

Aren't you all liable for the council tax bill on a joint and several basis?

If so not sure whether you have a viable claim against your ex-flat mate, I would have thought not.

jblack_2

In my experience the Court sent the Summons themselves by special delivery.

mpc3

yes, as youre both named on the bill your both liable. But, I paid my half all up and on time, and she split from the flat with only a tiny percentage of it paid and no rent paid.
I have files from the Council which show she did the same with previous flatmates.
I contacted CAB who said I was ok to take it foward to the small claims - was I misinformed?

Optimist

mpc3 wrote: »

yes, as youre both named on the bill your both liable. But, I paid my half all up and on time, and she split from the flat with only a tiny percentage of it paid and no rent paid.
I have files from the Council which show she did the same with previous flatmates.
I contacted CAB who said I was ok to take it foward to the small claims - was I misinformed?

You can certainly take it to small claims the question would be is it worth it ? Does this person have any assets ? If not your going to be on a hiding to nothing.

mpc3

well she has a job - so technically she has funds. Its not as if I'm loaded - I had to pay her share in what I could afford, that ranged from £20 a month to £50..whats to say she cant do the same? Plus I honestly dont know if she has a flat, a car, savings etc

DrScotsman

somethingcorporate wrote: »

Aren't you all liable for the council tax bill on a joint and several basis?

If so not sure whether you have a viable claim against your ex-flat mate, I would have thought not.

I see where you're coming from but the liability of the council tax isn't relevant here.

Say you and I lived together and had both of our names on the council tax bill, and our liability to the council was jointly and severally liable. We'd likely make an agreement between the two of us that we'd pay half each. If I didn't pay my share then yes you'd have to pay the full amount to the council, but you'd still be able to recover the half I didn't pay from me, as I have breached the contract between the two of us and as a result you have suffered a loss.

cardinalbiggles

jblack wrote: »

In my experience of the Scottish Small Claims procedure it is very much weighted in favour of the Defendant.

He failed to show at court so it was awarded in my favour. He was instructed to pay the money back to me but ignored all communication with the Sheriffs Officers. They went to his home and basically said there was nothing of value they could remove.

It certainly seems that the Scottish Civil Courts are a complete waste of time and money.


Good luck.

Weighted in favour of the defendant, what utter rubbish. If he had nothing of value and no money there is nothing anyone can really do.

My experience was that they pitched up at a high street travel agent and began to remove fittings until surprise surprise money was produced.

The Scottish Courts are effective.