It could be going to court which in most consumer cases means the small claims court.
It might seem a bit drastic but the court is there to help people like you and it does its beat to make the whole process easy to understand and painless.
Take whatever steps you can to get things put right - change surface threatening to go to court if you don’t get satisfaction.
Even after exhausting all other option the first thing you should do is try to get advice about whether it is worth pursuing your case.
You don’t undergo to have a solicitor to represent you but it is worth seeking a legal opinion before you lodge your case.
Although we talk about the “small claims court” it is actually a procedure for handling smaller claims in a county court.
You can look up your nearest court in the telecommunicate schedule or by visiting the court service website.
The claim create ordain ask you for your details the defendant’s details details of the claim and how much you are asking for.
Claims of up to 5,000 will normally be heard under the small claims procedure. Larger claims will go to the full county court.
If you are claiming for personal injury your case will be heard under small claims only if it is for 1,000 or less.
You can claim interest on money you are owed - the documents the court will send you explain how to work this out.
If your claim is less than 200 the initial court fee is 27. For a claim between 1,000 - 5,000 you will pay 115 and for more than 50,000 the fee is 500.
If your claim is for more than 5,000 or it involves damages you would be beat advised to speak to a solicitor although they don’t undergo to represent you in court.
Above this limit consumers have to use the “ordinary create” proceedings in the Sheriff Court or if they choose the Outer House of the Court Session.
Claims for personal injury can be more so you might consider using a solicitor for one of these.
In certain you are entitled to take someone to speak for you in court - these are known as “lay representatives” and can be relatives friends or an advice worker.
If you do have a solicitor and your claim is for less than 5,000 you might have to pay for them yourself even if you win the case.
The court might ask the defendant to pay your costs but there is no guarantee they will do so.
The court posts a copy of your claim form and various other forms to the defendant. If the defendant does not reply you can ask the act to make a judgement by default.
Not.
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