Scotland Simple Procedure: China order disputes
Check the correct Scottish court and whether your money claim fits Simple Procedure. Try written settlement, file through Civil Online, arrange formal service and follow the evidence timetable. Preserve factory and order records with help from Cambridge China Bridge.
Check eligibility and the correct Scottish court
This guide concerns a personal purchase from a UK seller. Simple Procedure covers money claims of £5000 or less in the sheriff court. Confirm the contracting seller using seller or sourcing agent. Read faulty-goods remedies before deciding what payment to request.
The usual court is where the respondent lives or has a place of business. Special consumer-contract rules can allow a claim in your local court, and some claims can proceed against a seller outside Scotland. Check that those rules cover your purchase before filing. Tell your adviser whether the goods were for personal use or business, and show the seller’s address and contract terms.
Create a record of attempted settlement
Scottish court guidance says you should try to settle before raising a claim. Use our complaint and letter-before-claim guide for the letter’s contents. State your proposed outcome, attach the key supporting records and give a realistic response date. Keep the letter, proof of delivery, replies and any settlement proposal together.
Explain who would collect disputed goods and how a refund or replacement would work. Ask the seller to identify the facts it disputes. Record unanswered correspondence as well as replies. Ask an adviser to check the claim deadline and applicable correspondence requirements; choose a response period appropriate to the dispute.
File a clear claim through Civil Online
Submit through Civil Online. If you cannot file electronically, paper filing needs the sheriff’s approval: send the claim form copies with a brief note explaining the difficulty. Check the current filing fee and whether fee exemption applies before submission.
Explain the agreement, what the seller failed to do, the payment requested and its calculation. Include the parties’ correct names and addresses and explain why you chose that court. Separate the amount sought from the seller from your court expenses. Keep the registered claim and timetable, which identifies the service and response deadlines.
Arrange formal service and track delivery
You cannot serve the claim yourself. As an individual, you can ask the sheriff clerk to serve it; a solicitor or sheriff officer can also arrange service. If postal service fails, continuing the claim requires service by a sheriff officer. Keep the service records and check progress against the court timetable.
For a seller outside Scotland, ask the clerk or your solicitor to check the rules for service outside Scotland before arranging delivery. Supply a verified address and the registered papers. If the address is unknown, take reasonable steps to find it and ask about an application for service by advertisement. An ordinary complaint email is a separate record from formal service.
Turn order records into hearing evidence
Build your hearing file around the disputed promises rather than repeating the whole order history. Match each promise to the accepted specification, delivery or inspection evidence and the loss claimed. Preserve original messages and photographs. For Chinese-language records, keep the originals beside working translations and ask the court what translation arrangements it expects.
Send the List of Evidence form to the court and the other party at least two weeks before the hearing. Lodge the evidence with the court and send copies to the other party at the same time. Follow any specific court orders. Identify witnesses who personally saw the goods or carried out checks; distinguish their observations from information passed on by others.
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Act on the response and prepare expenses
Monitor the court record after the response deadline. If neither a response nor a time-to-pay application has arrived, submit an Application for a Decision within two weeks of that deadline. Court guidance warns that failing to apply within that period leads to dismissal. Keep the deadline visible rather than waiting for the seller to contact you.
Lodge an account of the expenses claimed before the case is decided, including with an Application for a Decision. If the seller disputes the claim, follow the court’s orders about the next discussion or hearing. Budget for expenses as well as the filing fee: a successful party may not recover everything spent. Cambridge China Bridge’s staff in China can help obtain factual order records for your evidence file.
Frequently asked questions
Can I sue an English seller in Scotland?
Sometimes. Special consumer-contract rules may allow your local Scottish court to hear the claim. Confirm that they apply to your purchase and check service outside Scotland before filing.
Can I post a Simple Procedure claim?
Paper filing needs the sheriff’s approval if you cannot submit electronically. Send the claim form copies with a brief explanation of what prevents you using Civil Online.
Can I serve the claim on the seller myself?
No. An individual can ask the sheriff clerk to serve it, or use a solicitor or sheriff officer.
When do I submit my hearing evidence?
Lodge the evidence and send copies at the same time, following any specific court orders.