Small Claims Court Scotland

somethingcorporate

DrScotsman wrote: »

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.

Thanks, interesting point.

mpc3

DrScotsman wrote: »

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.

Thanks - that re-focuses me somewhat! So it's the contract between us she's broken, and that contract is what is agreed between parties when you share a flat (usually), that you each pay half of the bills.

mpc3

onto the next one then.... can/will the Courts serve a summons at her place of work if this is the only contact address I have? Will they ask her place of work for up to date contact details?

Optimist

mpc3 wrote: »

onto the next one then.... can/will the Courts serve a summons at her place of work if this is the only contact address I have? Will they ask her place of work for up to date contact details?

You would need to ask the courts permission for serving the papers to her place of work and you would need to get the claim issued at your local court as opposed to using money claim online.

You could if you so wished serve it yourself, give you a warm feeling to see her face.

Equaliser123

Chimpofdoom wrote: »

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:

That link should NOT be followed. It relates to prosecuting for health and safety offences in England and Wales.

Entirely irrelevant.

jblack_2

cardinalbiggles wrote: »

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.

If you'd care to read the first sentence of my post again you might see that I said 'in my experience'. Please tell me what is 'utter rubbish' about that?

The Defendant was a sole trader. He stopped trading and took employment with another company. I know he is earning a wage yet can't get a wage arrestment placed on him as I don't know who he works for now.

He has proved that there is nothing the law can do to get my money back. I have been told this by the court and by the Sheriffs Officers.

Yes, I got a ruling in my favour so I 'won' but it's a hollow victory if I don't get any payment and he doesn't get any punishment. In England I believe that a CCJ would have been issued against him and until the debt has been paid he would have had problems getting credit for anything like a holiday/mortgage/credit card etc.

Equaliser123

jblack wrote: »

Yes, I got a ruling in my favour so I 'won' but it's a hollow victory if I don't get any payment and he doesn't get any punishment. In England I believe that a CCJ would have been issued against him and until the debt has been paid he would have had problems getting credit for anything like a holiday/mortgage/credit card etc.

CCJ's aren't intended to "punish".

jblack_2

No, but it would have been a satisfying outcome to know he was suffering some serious inconvenience .

mcguigan

jblack wrote: »

If you'd care to read the first sentence of my post again you might see that I said 'in my experience'. Please tell me what is 'utter rubbish' about that?

The Defendant was a sole trader. He stopped trading and took employment with another company. I know he is earning a wage yet can't get a wage arrestment placed on him as I don't know who he works for now.

He has proved that there is nothing the law can do to get my money back. I have been told this by the court and by the Sheriffs Officers.

Yes, I got a ruling in my favour so I 'won' but it's a hollow victory if I don't get any payment and he doesn't get any punishment. In England I believe that a CCJ would have been issued against him and until the debt has been paid he would have had problems getting credit for anything like a holiday/mortgage/credit card etc.

J black I really don't agree with you. The Scottish court system, while not perfect, but not 'rubbish', not for the reason you have quoted. The courts found in your favour so how have they weighted things in favour of the defendant? The courts won't act as debt collecting agencies and they are up front about the fact they won't pursue the money on your behalf. Believe me you need to do quite a bit yourself, They found nothing of value, so you can't get blood out of a stone. You know he works, have you tried to find out where? If you know that then you can ask the Sheriff Officers to arrest his wages. Do a bit of detective work yourself, it's amazing what you can find out about people on the internet!

So to the original poster. Bear in mind if the courts find in your favour you still might not get your money, but it sounds as if you are determined not to let this go. Good on you. She works, get her wages arrested. But you have a long way to go before that. do your homework and read the guidance very carefully.

jblack_2

I have not once said the Scottish court system is 'rubbish'. However, maybe I should have said the 'Legal System' is poor rather than 'Court System'.

It gets to the point where you have to decide weather to keep paying the Sheriffs Officers to deliver letters, make enquiries etc or to let it got. If I could get the work details and a wages arrestment I'd have to pay out more to get it enforced. It all adds up, I wouldn't mind if it was added to the amount the court awarded but that isn't the case.

I have tried to find out where they work but have just hit dead ends. I've tried to follow them to work but they have moved from the address I had and haven't been seen there since. I've searched all I can think of on the internet but found nothing.

If anyone has any ideas I'd appreciate hearing them:).