Can I lodge a small claim against my letting agency by post?

[gnuscubadog]

Hiya,

 

I was wondering if anyone knows whether the Scottish legal system allows for you to lodge a small claims by sending all the relevant documentation by post rather than going to the Sheriff Court in person?

 

Thanks in advance.

[honeybee13]

Hello there.

 

I asked the team if they could help and have received this from andyorch.

 

My best, HB

 

The small claim procedure can be used to claim sums of money up to the value of £3000. To raise a claim against an individual you will need to complete Form 1a and to raise a claim against a company or a voluntary association (for example, a golf club) you will need to complete Form 1b . In both circumstances, you will also need to complete Form 1, which is the court copy of the summons. Form 1 will appear when you click on either Form 1a or Form 1b.

If your claim is against a voluntary association you should also include any known office-bearers as defenders. A court order against the association alone cannot be enforced against an official unless he/she is named in the action.

 

We would recommend that you read the guidance notes that are available to assist you. Unfortunately there is no online facility available in Scotland at the moment; therefore applications have to be sent to the court in paper form.

 

Summary cause actions - Over £3,000 up to £5,000 (previously over £750 up to £1,500)

 

Ordinary cause rules will apply in cases over £5,000

 

Privative limit (any cases below this figure must be raised in the sheriff court) - £5,000 (previously £1,500).

 

form-01a-application-lodged-on-or-after-4-april-2011-.doc

Edited October 1, 2013 by Andyorch
Small claim amounts added

[gnuscubadog]

Hiya! Thanks for your response.

 

I know the procedure and I have filled out all the correct forms. The court website states that there is no online facility and that the physical paper forms need to be delivered to the court, however, any time they talk about the handing over of the forms they always talk about being present to do this in person. My question is whether I can POST the forms to them and when they receive it, they will take it from there? There is the option of the court clerk serving the summons to the defender (my agency in this case) however, I want to know whether I have to go to the courthouse in person in order to request this or whether, if I send in all the appropriate forms, they will deal with it on my behalf?

 

The website always talks about being at the courthouse in person to ask the clerk to serve the summons hence why I am unsure.

 

With regards,

Kristiena

[honeybee13]

Hello again.

 

Is it very difficult for you to get to the court please?

 

HB

[gnuscubadog]

Heyhey!

 

I left the flat to go traveling and am currently in North America so I can't go to the court in person.

 

With regards,

Kris

 

Hello again.

 

Is it very difficult for you to get to the court please?

 

HB