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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16375
Experience:  30 years as a practising solicitor.
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My question is about a small claims action. sued for 3 1/3k.

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my question is about a small claims action. sued for 3 1/3k. after receiving the summons a recorded delivery letter was sent to claimants solicitors asking for a full copy of the account where the outstanding sums are due to do checks regarding the sums. requested both from solicitors and from the credit contol dept of the company raising action. both sent me a copy of account and solicitors stated that this was "all account activity". i then broke down the account in my own spreadsheet amd could not reconcile the figures sued for and queried some of the enties. no response before the date to go back to the court so a response form was submitted setting our position. case management discussion set. then solicitors for claimant came back answering queried payments as being "refunds to third parties" where they were stated as "payments" amd having a debit entry on the account whereas all the other "payments" were credit entries. anyway, that explanation accepted and adjusted on my spreadsheet and i still cant get to the figure they are suing for. written statement to be submitted 7 days prior to case management disc and no response from claimants agents so written statement submitted to court on my behalf timeously. the next day the solicitors come back with a 'full account' (which i thought i already had!) going back to 2014! i adjusted my spreadsheet and this shows that the sums sued for are due. case is now continued for 4 weeks for negotiations. my question ultimately is this: can i argue that no expenses should be due by us where they otherside didnt provide the full account activity before the timetable return date even though it was requested twice? if this had been provided then a time to pay application would probably have been submitted instead of a response form especially where claimants solicitors stated that the account they sent initially was "all account activity". sorry for being so long winded, im just a bit exasperated with the lack of information initially provided and then after the case management hearing is set they send the account from the opening date.
JA: Where are you? It matters because laws vary by location.
Customer: scotland
JA: What steps have you taken so far?
Customer: its all in my initial message. in short case management hearing continued for negotiations.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: covid implications over last year with furlough etc so offer of 200 per month until paid. just wanting to know if i can argue expenses where they didnt provide full info at outset

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

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Thank you!
Customer: replied 20 days ago.
Thats fine to wait for an answer

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

You mentioned a small claims action but is this a simple procedure action in the sheriff court?

Customer: replied 20 days ago.
Customer: replied 20 days ago.
i cant speak as in work

In that case the issue of expenses is a minor one. There aren’t really any mega expenses in a simple procedure case. £150 at most. However you can simply say that there should be no expenses due to or by either party as they did not produce a quantification of their claim at the time the action was raised. I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16375
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you