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  • Has anyone used the small claims process? Adding interest/expenses to claim?
  • glasgowdan
    Free Member

    I’m looking to use small claims to close a debt around £450. My question is can the claim include an amount for reasonable admin and expenses? (i.e. the time that I have taken to chase this payment over the past weeks and months? Perhaps enough to cover the cost of the claim).

    In general, is the process easy enough?

    I haven’t confirmed my intentions to the company yet; obviously this may not be relevant as they may respond to my email next week with payment, no reason not to pay as there have been no disputes over work rendered.

    Thanks

    IvanDobski
    Free Member

    Used it successfully a couple of times, time and materials (inc printer ink, phone calls etc) can be added and I’ve always used 8% per month as my interest rate including.

    Easy to do, do everything in writing and stick to any deadlines you set.

    irc
    Full Member

    Assuming your claim is in Scotland

    If the value is between £200 and £1500, and the case has been defended, the maximum amount of expenses which can normally be awarded by the court to the successful party is £150.
    If the value is between £1500 and £3000, and the case has been defended, the maximum amount of expenses which can normally be awarded by the court to the successful party is 10% of the value of the claim.
    There are exceptions to the normal limits on awarding expenses where:
    • The defender has not stated a defence
    • The defender does not proceed with his defence
    • The defender has not acted in good faith in defending the action
    • The sheriff decides that either the pursuer’s or the defender’s conduct in the case has been unreasonable
    The limits on expenses do not apply to the hearing of appeals.
    Expenses are normally calculated at the end of the case either by the sheriff, or by the sheriff clerk, who then has his calculation approved by the sheriff.
    Expenses which you may incur include:
    • The cost of any solicitor, if you choose to employ one
    • Loss of wages and travelling expenses for yourself and any witnesses you may require to bring to court to give evidence
    • The cost of having any court order made in your favour complied with by the other party

    https://www.scotcourts.gov.uk/docs/default-source/rules-and-practice/guidance-notes/gn—small-claims/02-taking-a-claim-to-court—cases-raised-on-or-after-1-december-2009.doc?sfvrsn=20

    Looks like the most you’ll get is £450 plus max £150 expenses. I guess the idea being to keep the small claims court cheap and usable. I am not a lawyer etc.

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