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  • FIRST POST
    • hendryc
    • By hendryc 29th Nov 17, 8:19 PM
    • 15Posts
    • 0Thanks
    hendryc
    Legal Help Needed - Scotland
    • #1
    • 29th Nov 17, 8:19 PM
    Legal Help Needed - Scotland 29th Nov 17 at 8:19 PM
    Hi, I paid for my jacket to be held within a venues cloakroom, when I went to collect it was gone. The venue have admitted full liability and offered to pay me the full amount I paid for the jacket in 2014.
    The jacket is considered a collectors item, as such has increased considerably in value both used and new as per ebay - I have provided this information to the venue.
    I always maintained I wanted my own jacket back or an identical replacement.
    The amount they offer will not pay for a replacement.
    I have engaged extensively in dialog by email with the venue and they will not budge re there offer.
    I am seriously considering pursuing through the Simple Procedure at court in Scotland.
    What am I entitled to, is it the amount I paid for the jacket OR its current value ???
Page 2
    • Fosterdog
    • By Fosterdog 30th Nov 17, 5:30 AM
    • 3,812 Posts
    • 6,586 Thanks
    Fosterdog
    How much did you pay for it back in 2014? Did you buy it new or second hand? What conditions was it in? Id imagine a 3+ year old leather jacket if worn regularly would have at minimum a few scuffs by now even if well looked after, if not looked after possibly worse.
    • Nostrus
    • By Nostrus 18th Dec 17, 12:13 PM
    • 17 Posts
    • 9 Thanks
    Nostrus
    In short, if the jacket is worth less than 5,000 you can pursue it through the Simple Procedure system. Go to your local sheriff court and pick up a Form 3A from the sheriff clerks office. Fill it out and return it to the sheriff clerks office who will register it and give you a timetable. You then need to get it served postally (and possibly personally if postal service fails) by a sheriff officer (their fees are set in legislation so you won't incur extras that you might with a solicitor).

    If it is over 5,000 then get a solicitor as that's Ordinary Cause and you really don't want to try and navigate that yourself.
    • DoaM
    • By DoaM 18th Dec 17, 12:23 PM
    • 4,285 Posts
    • 4,331 Thanks
    DoaM
    Good information, but I wonder if the OP will see it ... they've not been online at MSE since 1st Dec.

    It's a pity that Scotland doesn't have the equivalent of MCOL where claims can be raised and handled online ... or does it?
    Diary of a madman
    Walk the line again today
    Entries of confusion
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    • hendryc
    • By hendryc 18th Dec 17, 1:11 PM
    • 15 Posts
    • 0 Thanks
    hendryc
    In short, if the jacket is worth less than 5,000 you can pursue it through the Simple Procedure system. Go to your local sheriff court and pick up a Form 3A from the sheriff clerks office. Fill it out and return it to the sheriff clerks office who will register it and give you a timetable. You then need to get it served postally (and possibly personally if postal service fails) by a sheriff officer (their fees are set in legislation so you won't incur extras that you might with a solicitor).

    If it is over 5,000 then get a solicitor as that's Ordinary Cause and you really don't want to try and navigate that yourself.
    Originally posted by Nostrus
    Thanks Nostrus, I will pursue through the simple procedure, although I will probably do without a solicitor it is not a prospect I look forward too.
    • hendryc
    • By hendryc 18th Dec 17, 1:14 PM
    • 15 Posts
    • 0 Thanks
    hendryc
    Good information, but I wonder if the OP will see it ... they've not been online at MSE since 1st Dec.

    It's a pity that Scotland doesn't have the equivalent of MCOL where claims can be raised and handled online ... or does it?
    Originally posted by DoaM
    Thanks DoaM, I have been getting email updates, hence why I have not been logged on, to be honest I did not expect anymore replies. Re online claims, I have looked into this and it doesn't appear to be an option.
    • Nostrus
    • By Nostrus 10th Jan 18, 10:17 AM
    • 17 Posts
    • 9 Thanks
    Nostrus
    With regards the Simple Procedure process, just make sure you include a copy of all evidence with the claim form. It will mean the sheriff can make his decisio as quickly as possible.
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