Summary Cause

[seaweasel]

I sent away my LBA at the end of last week and I'm starting to prepare for lodging a claim. Since the amount is £828 (the swines just charged me another £10), I'm weighing up the merits of filing in England, or using a Summary Cause. I'd rather claim in the Scottish courts however I know that there are additional risks in filing a Summary Cause.

 

I've been reading the guidance notes on the Scottish Courts website and they refer to a table of costs that can be awarded, however I can't seem to find out what these are. I know that it's unlikely that my claim will go to court anyway, however I've got a few questions if anyone can shed any light.

 

Firstly, in the event that I lost in court, what could RBS claim from me in costs?

 

Secondly, would there be any difference in the attitude of RBS/Cobbetts in dealing with a Summary Cause rather than Small Claims (i.e. would they be more likely to settle more quickly as it's a level up in court proceedings, or would they be more likely to defend?)

 

Lastly, has anyone lodged a Summary Cause so far and what was the outcome?

 

Also, just remembered, I'd been sending my correspondence to CS in Edinburgh and my first reply just came through from Tommy McLean, should I use his name/address for the claim?

 

Any help would be appreciated. Thanks.

[Treacle's Dad 44]

Hi seaweasel, i,m in the same position too, nationwide owe me £1474.50 in back bank charges,and i,m wondering whether to split it into 2 small claims or go for the whole lot as a summary cause!? (bearing in mind the 8% interest if i take them to court!) As you, i'm a bit unsure of the costs should i lose.(this i don't think will happen but you never know?!) I will do some fishing around and get back to you asap!

Regards T.D.

[seaweasel]

Thanks! I think someone claiming against RBOS was filing one but I can't remember which thread I saw it in.

[DaringDon]

The thread your referring to is Mairi V BOS.

 

HTH

 

Gav

[edinburghbeerbucket]

Hi guys,

 

I'm interested in this too... I also posted a thread about doing an ordinary cause. (comments still welcomed!)

 

Just to clarify:

 

small claims - up to £750, no costs awarded to defender if you loose

summary cause - £750 to £1500

ordinary cause - over £1500

 

I think eventually it would be nice to have a set of templates for each action. That way, when users work out what they're owed, they can pick the type of action and corresponding templates and do it all in one go.

 

At this stage, since the banks don't get to the court stage, I don't see much of a risk in doing summary/ordinary cause. However, I'd hate to be the first person who looses and has to pay the bank's costs!

[edinburghbeerbucket]

Actually, just thinking about this some more...

 

I actually think the banks would be less likely to defend an ordinary action, since it seems like the precidents set under ordinary cause rules seem to carry more weight than those under summary cause/small claims actions.

[buzby]

Just to clarify:

 

small claims - up to £750, no costs awarded to defender if you loose

summary cause - £750 to £1500quote]

 

Can I nail this misconception? Small CLaims has a CAPPED limit of costs at £80. I took on Royal Mail and lost, and they wanted the full £80 as their expensive counsel were there for three days! (They were annoyed they couldn't claim all costs).

[edinburghbeerbucket]

Oops! Thanks for clearing that up Oko!

[Mairi]

Hi guys

edinburghbeerbucket, small claim forms are almost identical to summary cause, only diff is the title accross the top and obviously you have to download the correct form. Scotia's post in the Guidance notes shows how to fill out a small claim but you can also use it for summ cause.

Its really your choice on which action to take. I've had to split my claims. If you're going to be really nervous then maybe go for sm claim, but then NO-ONE has lost YET. First sm claim i was soooo v nervous and it took ages but then once it was finished, thought "That was dead easy" lets try a summ cause.

received letter of settlement the same day i received letter from the SO to inform me the summons had been served. LOL.

Mr Mairi's 2nd small claim was paid even quicker.

I would't bother with ordinary action. you'd need a lawyer and he would want paid for initial work - that you have probably already done.

Good luck all.mairi

[buzby]

I'm jusr being lazy here - but what is the difference in court fees between a Small Claim and a Summary Cause...? Of course, the forms probably are identical, the only real difference is you lose the safety net of the costs cap if you lose.....

[Mairi]

Same £39 to issue claim, and then once you receive paperwork back from court (about 6 days later) you need a sheriff's officer to serve the summons, this cost me £30.26.

mairi

[buzby]

Ah - cheapscates! With the SC they serve it for you. With my SC it was the other way round, I got judgement, but then had to get the ?Sheriff Officers to serve a Charge.... that cost me £31!

[seaweasel]

Lots of useful stuff there, thanks. Has anyone found the table of costs regarding summary causes? Even though it's unlikely to go to court I just wanted to check what I'd potentially be liable to pay if the worst happened.

 

Also, I'd noticed this on the thread for small claims procedure:

 

Wait a few days and you will then receive a copy of the claim from the court (the court will issue the summons via recorded delivery....(if it isn't 'signed for' it will be returned to the court, and they will ask for a further £26 to serve the summons via a sheriff's officer), this copy will be stamped and have a 'Return Date' and a 'Hearing Date' (usually 6 to 8 weeks after date of service)

 

Is this also the case for a summary cause? Depending on which day the summons arrives I'm unlikely to be in the house and I'd like to avoid paying another officer's fee, even if I can claim it in my costs.

[Mairi]

Hi seaweasel

the court does not serve the summons on the bank if you go through summary cause, and you cannot do it either. You HAVE to give it to your local Sheriff Officers to serve, (cost £30.26). It has to be served on the bank at least 21 days before the return date.

So you should have the time

With the small claim it is unusual that you would need to do this, i'm now on small claim no4, and the court has always served the summons. To be honest this is the first time i've seen that.

hope this helps

mairi

[seaweasel]

Thanks Mairi. I know that the summons has to be served by an officer, what I wanted to check is whether my copy of the claim has to be signed for as there's usually nobody in the house when the post arrives.

[Mairi]

sorry seaweasel

been taking my stupid pills today i think.lol

no you don't need to sign for them, they just come first class post.

mairi

[seaweasel]

Cool, thanks Mairi.

[buzby]

Yup - only the Defender's copy is sent RD, yours just comes in a shabby Manilla envelope!