Urgent-Court tomorrow /Scottish system-Judical expenses question.

[SpidermanIII]

I recently received a Court Summons for a fuel bill that was only 3 months outstanding. This was for nearly £500. In the court summons (Scottish by the way) they gave me a date to reply by and a hearing date being one week later.

 

My personal circumstances had changed so that after the order for the fuel had been made, I couldn't pay it. I managed however to earn enough money after returning to work to pay the bill in full. HOWEVER, what I hadn't noticed on the summons was that they where claiming for interest at 8% annually (which is fine) but also for judicial expenses (of another £165.20, the amount of which they didn't state on the summons) and which they say I now owe immediately or the court action will still go ahead.

 

Can they still take this to court even though I have paid the bill - as all I owe is interest (which I will pay now) and the judicial fees (which I take are the Solicitors fees to the fuel company)?

 

This is urgent - please help!

[Guest Old_andrew2018]

If you need an urgent answer you might click on the red triangle, leaving leave a message for the site team to direct your question to someone with legal experience.

IMHO costs were incurred so I expect that at somepoint you paymet will need to be made,

 

Andy

[SpidermanIII]

Clicking on the triangle just reports the post doesn't it? - sorry if this is naive but I am new to the site.

 

I am guessing you are right about the costs but they did not inform me of just how much these would be (even in the summons) nor write to me directly (or from the Solicitor to tell me how much these would be to date.

 

Highly irregular practices I would think, although this may be the norm I think it is not fair practice and better communication should have been instigated by them.

 

Cheers,

[IdaInFife]

I think the fees should have been included in the decree and at that normally the maximum for the amount you had is £150.

 

Did you attend court?

 

the court would have decided the total amount.

 

Do you have a copy of the decree?

 

ida x

[SpidermanIII]

Clicking on the triangle just reports the post doesn't it? - sorry if this is naive but I am new to the site.

 

I am guessing you are right about the costs but they did not inform me of just how much these would be (even in the summons) nor write to me directly (or from the Solicitor to tell me how much these would be to date.

 

Highly irregular practices I would think, although this may be the norm I think it is not fair practice and better communication should have been instigated by them.

 

Cheers,

[Guest Old_andrew2018]

I use the red triangle on occasion to ask the site team to direct people with the expertise needed to a particular thread.

 

Andy

[SpidermanIII]

I think the fees should have been included in the decree and at that normally the maximum for the amount you had is £150.

 

Did you attend court?

 

the court would have decided the total amount.

 

Do you have a copy of the decree?

 

ida x

 

Hi Ida,

 

That's the thing - the court date is in a week and I am trying to avoid going there and having a decree against me! I have never had one and never want one. I just don't think they have communicated this expense in advance and I think it's excessive!

 

The form that you complete and hand in to the courts one week before the hearing is actually tomorrow. I don't know what to complete or do. The form only offers 3 choices - Admit and pay now, Admit and pay in installments or Admit and attend court. I have paid the bill itself and don't mind paying the interest. My issue is the judicial expenses being charged.

Thanks,

David

[IdaInFife]

okay,

 

the interest would be from the date of the decree if granted so no worries there.

 

does the summons say £350 plus court fees?

 

the sol should have really told the court that you have paid already.

 

What i suggest you do is go to the court tomorrow with your papers and a receipt if possible and they will advise you what you need to do and if they are any other charges you need to pay.

 

the clerks are very helpful, what sherriff court is it if you donlt mind me asking

 

ida x

[MARTIN3030]

Andrew and Spiderman-your reported posts are acknowledged.

Ida appears to be answering the main points-and she is conversant with Scottish issues.

As regards moving the thread - there are 2 possibilities either the legal section or else the Scottish section.

Personally I think the Scottish section would seem the most appropriate place.

Maybe an idea to rework your thread title too which I will do now.

[SpidermanIII]

okay,

 

the interest would be from the date of the decree if granted so no worries there.

 

does the summons say £350 plus court fees?

 

the sol should have really told the court that you have paid already.

 

What i suggest you do is go to the court tomorrow with your papers and a receipt if possible and they will advise you what you need to do and if they are any other charges you need to pay.

 

the clerks are very helpful, what sherriff court is it if you donlt mind me asking

 

ida x

 

Hi ida

 

Peebles Sheriff Court. The summons says and I quote 'The Pursuer claims from the defender (s) the sum of £4XX.XX with interest on that sum at the rate of 8% annually from the date of service, together with the expenses of bringing the claim.

 

I have had no letters from them telling me how much these expenses were or asking me for the money. I had two statements from the Oil company then after 3 months received the first Solicitors letter.

 

I didn't reply to any as I was to stressed from illness to do so. My own fault in this respect.

 

Will the court be open every day so I can go tomorrow?

 

David

[IdaInFife]

Hi David,

 

It is open tomorrow and the cleks there are okay. (been there twice and both times found them really helpfull.)

 

I think because the claim is above £200 then the court fee would be £65.

 

I think they can only ask for more expenses if the it acutally went to hearing and the judge decides at that time what can and cannot be claimed and would add this then.

 

Iv'e never paid a claim before the date only dealt with thereafter .

 

The clerk should be able to tell you exactly has to be paid.

 

ida x

[IdaInFife]

how was the papers delivered?

 

ida x

[IdaInFife]

on the bottom right hand corner it should have a total amount

 

is this how much you have paid? or did you pay less?

 

ida x

[IdaInFife]

Making a small claim: Responding to a claim

 

is a good link,

 

basically it says to stop any claim you need to pay the total amount and the interedt from date of issue til date you pay and any question of expenses.

 

ida x

[SpidermanIII]

how was the papers delivered?

 

ida x

 

They were delivered recorded/registered to be signed for.

[SpidermanIII]

Making a small claim: Responding to a claim

 

is a good link,

 

basically it says to stop any claim you need to pay the total amount and the interedt from date of issue til date you pay and any question of expenses.

 

ida x

 

Hi ida

 

I went along to speak with the Clerk today but couldn't speak with her directly and so the chap on the desk relayed my query to her. She said that the £162.20 fee was the appropriate figure for a small claims summons of this size. Shocking really. Especially as I paid the original bill 2 weeks before the court date. I am still being charged for the sum to be raised via the courts.

 

I just hop I can now get this money to them before the hearing as I don't have it just now!

 

I am really surprised and disappointed with the fuel company, as they sent me a statement after one month then the next letter I get isn't from them but the Solicitors! The fuel company made no attempts to write letters asking why I hadn't made payments and instigated a Solicitor after only 3 months! Can they do this?

 

Do I have any rights here?

[IdaInFife]

it depends on what was written at the beginning of the account and waht was on the 'invoice'.

 

I'll keep my fingers crossed for you that something falls on your lap!

 

ida x

[MARTIN3030]

Yes heres hoping.