Ask a Law Question, Get an Answer ASAP!
Good morning, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. Can you clarify your question so that we can best advise you?
Thank you for the confirmation, this is outside the scope of my expertise therefore I will opt out to allow another expert to pick this up.
Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.Sorry to hear of the issue. I will set out my written answer shortly.
The relationship has clearly soured and you are now owed nearly £5,000.
For the next step you should send them a letter before action to demand payment within 14 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say. The letter needs to be changed to refer to him as an individual, clearly.
Assuming they refuse to pay, you would then need to issue a claim using the simple procedure in Scotland here:
For a claim up to £5,000 the court fee is £106 which is reclaimable if you win.
Once you start the claim the Sheriff will register the claim and a timetable will be given to you to detail how the claim will proceed. For this size of claim you can easily do it yourself without a lawyer (or come back to this site for further guidance).
I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.
Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.
Mediation is optional but encouraged by the courts so it would be a good idea to go through with that. You are justified in retaining the tools - as you say, it is a lot of money and it is insurance to have him repay you. There is no crime as the harassment / abuse is not serious enough for the police to take action at this stage. They would if there is a break in or criminal damage, yes. He would need a court order for the return of his tools, but you could defend that application on the basis he owes you £4800. So you are in a good position in my view - I would recommend you attend mediation and see if this can be resolved on Saturday. Court action is a last resort so hopefully it will work without having to go that extra step.
Yes, for any related questions then fine for 7 days. After 7 days or if you have new questions unrelated to this one if you can please post a new one, thanks.