Small Claims Court( Scotland)

Fmrg

I gave a quote to a customer after a few weeks they accepted the quote but gave 7 conditions that I had to meet when doing the work. As some of their conditions were unworkable I said I wasn’t able to the job so withdrew the quote and said they would be best getting someone else. They are now threatening to take me to the small claims court saying the new contractor is charging £700 more than me so they want to claim that from me plus £750 for their time plus court fees so at total of £1850. The job was for £1,400 £1,200 parts and £200 labour. I am so worried about it as I don’t have £1850 to pay them. Anyone able to advise should I get a solicitor?

Aylesbury_Duck

I'm afraid I don't know Scottish law as well as English law, but that sounds ridiculous.  You gave a quote (no contract yet formed), they came back with a proposed contract (still no contract formed), you declined the new terms (definitely no contract formed) and now they're suing you because someone else is more expensive?  Sounds like a joker.

Spank

Or an idiot.

Fmrg what were these conditions?

Fmrg

Not prepared to give a deposit
The part had to be delivered directly to them 2 days before installation so it could be inspected by them
Had to arrive exactly at 8am or entry would be refused. 
Shelves had to be removed to get the part in if they were damaged or not replaced properly he would take money off the final bill

There was a few others about being clean and tidy and leaving no mess which is what would happen anyway

Thanks  for your reassuring comments. 

Sandtree

I know in Scotland consideration isnt required to form a contract unlike in England however an offer does have to be accepted and I would strongly suspect that conditional acceptance would require you in term to agree to the conditions (assuming they are more material than “you’ll do a good job” or such)

Spank

Can you get a free 30 mins with a solicitor in Scotland? you'd probably give them a good laugh

Were_Doomed

A quote is not a contract - not even in Scotland. Both parties need to be in agreement for a contract to be formed - it is clear that you didn't agree to their conditions thus no contract.

They are chancers and will fail. Is this an actual court claim? (Does it have a claim reference number and a court stamp?) Or merely a Letter Before Claim? Or - as your OP suggests - merely an email/text threatening to do so? If the latter then a) invite them to proceed with the claim, which will be robustly defended and defendant costs claimed, and b) refer them to the response that would have been given in Arkell vs Pressdram.