Scottish court claim

[hoopylass]

I split with my ex in December. We had paid the deposit for our wedding and his mum had gifted us £1000 to pay this.

 

When we split up my ex demanded the money back and I emailed his mum stating I would pay my half £500 when I could financially afford it.

 

I never heard any more until 2 weeks ago when a small claims summons landed on my doorstep. I do t have £500 sitting in the bank so my family have offered to lend me the money to pay her. I wrote to her stating a date and time she could come and collect the money but today I received a letter from her stating she now wants £571 as this is what she has paid to action the small claims. There were no recipts attached so I only have her word.

 

My question is as I am settling before the case goes to hearing am I responsible for paying her costs? I thought I was only responsible if the case went to court and I lost.

 

Annoyingly her son is getting away scot free

 

Just wanted to add incase it makes a difference. In the summons the front page says amount being claimed -she has wrote £500 to include expenses however on page 2 in the summary she has written £500 plus expenses.

 

I have searched and searched but can't find any help. I'm planning on phoning the court on Monday but just wanted to see if anyone could offer advice over weekend. This whole situation has been incredibly stressful

Edited March 29, 2014 by hoopylass

[AndyOrch]

Hi hoopy and welcome to CAG

 

Because the claim has been submitted she will have to have paid a fee to submit... the fee for £500 is currently £45.Even if you agree to settle this out of court you must still acknowledge the claim by the given date and defend unless she with draws the claim.

 

Regards

 

Andy

[hoopylass]

Hi hoopy and welcome to CAG

 

Because the claim has been submitted she will have to have paid a fee to submit... the fee for £500 is currently £45.Even if you agree to settle this out of court you must still acknowledge the claim by the given date and defend unless she with draws the claim.

 

Regards

 

Andy

 

Hi andy and thanks for the reply.

 

In the court papers it says I only have to defend if disputing the claim. If I pay in full I have to do this by 18th April and the cort also have to be notified by this date.

 

If the court fee is £45 then why is she claiming for £71. Should I ask to see proof before handing over any money?

 

Again my question that is confusing me ... Should I be paying her costs at all when she hasn't followed correct procedure.

Edited March 29, 2014 by hoopylass

[ploddertom]

http://www.scotcourts.gov.uk/rules-and-practice/fees/sheriff-court-fees

 

Click on "Small Claim & Summary Cause"

[hoopylass]

Ok thanks for that ... Anyone able to fifer advice as to whether I should pay or not?

[maroondevo52]

I'd say you should, I'll ask another 'fifer' to see what she thinks when she comes online.

[hoopylass]

I'd say you should, I'll ask another 'fifer' to see what she thinks when she comes online.

 

Lol sorry for the typo it's this silly iPad not saving it correctly

[AndyOrch]

So £71 is correct I was looking at English fees hoopylass..If you dont pay the total amount the claimant is allowed to proceed just for the balance.

 

Andy

[IdaInFife]

Agreed with Andy if you don't include costs to proceed claim the case will go ahead for remainder of she chooses to do so

 

You also have the option of writing to her offering amount to dismiss the claim

[hoopylass]

Thanks for all advice guys xx