Court Costs

[unicorn96]

If i take RBS to Small Claims Court (for the 2nd time, its a long story !!!) for 2 separate claims, one for £230 and the other for £450 and i LOSE, what would be the maxium i would have to pay in costs to them.
They basically failed to fulfill their promise after i advised the court to cancel the summons as they had agreed to pay. They refuse to pay by cheque and have payed into my accounts to which i no longer have access. I am going to claim again via the courts and leave it in the hands of a judge to decide.

[buzby]

With Small Claims, the maximum you'll be exposed to is £80 - this will be in addition to your court costs - but it is only rarely that these costs will apply and they are at the discretion of the Sheriff. The Pursuer who loses can (usually) walk away without additional costs.

An action I raised against Royal Mail was lost, and they wanted full expenses (capped at £80) however the Lady Sheriff felt that RM had acted unreasonably and brought the action upon themselves, so denied their request for expenses in their favour.

[unicorn96]

I spoke to my solicitor and the sheriff court today for advice and have sent this LAST e-mail to RBS. Hears hoping they will change their mind or i may find myself in court on Thursday morning. Starting to get really scarry. I'm worried i wont know what to say in front of the judge or not be prepared enough and make a fool of myself. Its not like i have time !!

**I am in receipt of your e-mail dated 1st Dec 06 and again i reiterate i asked for settlement to be made by cheque and this has not happened. It was your choice to credit my accounts unasked and i would respectfully suggest you reverse any credit and make payment by the method i outlined in all my correspondence.
As previously advised, should you wish to raise an action with regard to my other accounts, this will be treated as a separate matter and challanged accordingly. If it is not your intention to provide the cheque's originally requested, then my action will continue.
I have today spoken to my solicitor, Leslie Deans & Co in Edinburgh for advice regarding this matter, and he has advised me that i should continue with court proceedings and let a judge decide. I have also spoken to the Aberdeen Sheriff Court this afternoon regarding the Summons, of which the hearing is due this Thursday 7th December 2006 and i have until Wednesday 6th December 06 in the morning, to let them know if i wish to proceed with the hearing. I do not have to start again with a new summons, all i have to do is advise you that i will be going ahead with the proceedings and turn up in court at 10am on the 7th.
I would also advise that i have no intention of being intimidated by your actions and would urge you to provide the funds as promised without further delay. If i do not hear from you to the contrary before 12pm on Wednesday 6th Dec 06, i will advise the court that i will be appearing to continue with my claim.**

One piece of good news. i spoke to Tommy McLean today. What a lovely chap. He actually bent over backwards to help me. Said if i could prove i was paying my account off monthly with an arrangement, he would send me cheque for £2551. Said he would be happy to help me.

pauline