Small Claims Summons

[u20sr]

I'll keep this brief and to the point.

Received a Citation of Summons regarding tuition fees from a learning provider.

Couple of points I'd like clarification on:

1. There is a total amount, which of course is the sum sued for. However, can I ask, and obtain a breakdown of this total.

2. As I never fully completed the course, am I able to argue a pro-rata fee, based on my attendance record.

I note there is the option to DEPUTE THE CLAIM and attend court, which I assume is what I'll be doing. Some points on the process, what evidence I need to supply etc.. would be extremely helpful.

Don't know about anyone else but when you see sheriff officers and court summons you do start to panic quite a bit.

[Goldlady]

Hi, I'm not sure how the Scottish system works but hopefully my reply to your post will bring someone along who can help.

And yes you can ask for a breakdown of the total - I would suggest that the 'pro-rata' bit will depend on the contract you signed with them at the outset.

Best of luck

[rory32]

1. There is a total amount, which of course is the sum sued for. However, can I ask, and obtain a breakdown of this total.

Yes. Small Claims Rules 2002 see chapter 17. Also worth reading Small Claims Guidance Notes

2. As I never fully completed the course, am I able to argue a pro-rata fee, based on my attendance record.

Probably. It may depend on the terms and conditions of the course, in which case you may also wish to look at the Unfair Terms in Consumer Contracts Regulations

[u20sr]

Thanks for that, extremely helpful. A lot of reading and [a lot] to digest.

Few things I'm not clear on though.

I want to admit liability but, as I stated before, want a breakdown on the costs and my attendance record. When that's clarified make a time to pay offer.

So, what would be the best way to approach this.

Would I dispute the claim and attend court.

If so, would I ask for the contract, costs and attendance information then make a time to pay offer, all on the hearing date.

[u20sr]

Apologies rory32, never spotted the 'see chapter 17' part. Even though you made it perfectly clear.

Is there any particular wording or layout I should use when making an incidental application.

[u20sr]

What about this:

Dear Sirs

Regarding: Incidental Application.
Small Claims Summons Number: <Claims Number>
Date of Next Hearing: <Hearing Date>

The defender seeks an order for commission and diligence, on recovery of the following documents from, <Solicitors Address>.

• An itemised breakdown of the total sum sued.
• The signed contract for the supply of goods and services of ‘Tuition’.
• The defender’s record of attendance for the during of the contract.

Your Sincerely

[rory32]

That should be fine. You'll need to also add the name of the pursuer and defender after the small claims number though. Also put at the bottom:
Signed:
Defender: (type your name)
Dated:

[u20sr]

Nice one, cheers rory32.

Unfortunately, I'll probably have more questions when a reply has been received.

[u20sr]

Quick update and question.I've disputed the amount and a Hearing date is set for this Friday.So, pulling together a basic hearing bundle. Once the the amount has been decided, I'll need to apply for a Time to Pay offer.Is there a spreadsheet template with incomings - outgoings about. I'm sure I stumbled across one a while back. Can't seem to find it now.

[Goldlady]

I got one from one of the debt counselling websites - not sure if we have one on here.

[rory32]

Ask the court for a Time to Pay Order Application Form. It should look like this Although it may have now been updated slightly as a result of the Bankruptcy and Diligence etc (Scotland) Act 2007.

[u20sr]

Thanks for that. Got hold of one.

Got the contract terms.

When I signed the initial course registration form is states:

"If I am admitted to the course I undertake to observe the regulations and to ensure payment of fees and other liabilities."

The regulations relating to withdrawl from the course states:

"In the event of students withdrawing themselves from a programme of study, they must advise the Course Administrator in writing to this effect, stating the last date of attendance.

1. Withdrawal before 15th February – no fee due
2. Withdrawal between 16th February and 8th March – 50% fees due
3. Withdrawal after 8th March – full fees due. "

Problem is, I didn't send my withdrawl letter recorded. Therefore, no evidence, other than my last attendence being before 08 March.

What's the best way to put that to the court. Assume it would have nothing to do with the Unfair Terms in Consumer Contracts Regulations.

[Goldlady]

Would you be prepared to settle for 50%? I suspect they would accept that - if not less..

[u20sr]

Yes. Goldlady, I would. I think that would be fair and reasonable for both parties.

[rory32]

Problem is, I didn't send my withdrawl letter recorded. Therefore, no evidence, other than my last attendence being before 08 March.

From the Interpretation Act 1978

7. Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expression "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

[u20sr]

Rory32, excellent as usual.

[u20sr]

Attended court today. Actually quite a painless process.

This might be interesting for others who have to attend:

The setup looked very formal and a little intimidating. The sheriff sat at the back of the court, obviously higher than than the rest of us. With 1 person, who seemed to be chairing the process in front of the sheriff.

In front of them was a large table with approx 8 people round it. They mostly wore black ropes so I assume persuers solicitors.

The chair calls the case and you step forward.

Anyway, in my case, basically explained to the sheriff I'd asked for documents and I hadn't received a reply. The persuer said they'd no knowledge of this and I explained recorded delivery which had been signed for.

Sheriff took about 5 minutes to decide and gave them 4 weeks to supply the evidence and set a new date.