|
The rules on
expenses in Scotland can be complicated, for example, if a bank does
not defend a small claims action (or having stated a defence does
not proceed with it) then the protection of the restricted small
claims expenses (eg. no expenses if the claim is under
£200, or a maximum of £75 for claims over that figure and
up to £750) does not apply in terms of Small Claim Rule 21.6
(available here: http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/ssi2002/20020133.htm#IDA2ROLD).
Instead in
that scenario the pursuer (eg. you) are entitled to claim expenses on
the Summary Cause Scale. How much can I recover?
Here is an example: your raise an undefended claim for £49.99,
if after the Return Date no response form has been received by the
court you can Minute for Decree in terms of Small
Claims Rule 8.1 - you must Minute in Form
11 (download as pdf).
In the example
given you would Minute for the principal sum sued for (eg.
£49.99) with judicial interest at 8% per annum until payment
with expenses of lodging dues (eg. £7) and the £181.30
block summary cause scale fee, resulting in decree for payment of
£49.99, with expenses of £188.30 (all in terms of the
example used).
The relevant expenses
tables in undefended small claims actions are reproduced below (with
links to the relevant statutory instruments):
|
CHAPTER IV
SUMMARY CAUSES
PART I.—
UNDEFENDED ACTIONS
1. To include—taking
instructions, framing summons and statement of claim, obtaining
warrant for service, serving, instructing service as necessary by
sheriff officer (where appropriate), attendance endorsing minute for
and obtaining decree in absence and extract decree and including
posts and sundries..........
2. Service—
(a) citation by post wheresoever after the first citation for each party..........
(b) framing and instructing service by advertisement—for each party..........
3. Attendance at court.......... |
£181.30
£10.80
£31.85
£31.85 |
http://www.legislation.hmso.gov.uk/si/si1993/Uksi_19933080_en_2.htm
AS AMENDED BY
http://www.hmso.gov.uk/legislation/scotland/ssi2005/20050149.htm
If you are
successful in getting charges refunded, let us know at: mail@bankcharges.info. |
