Contractor Dispute in Scotland: How to Make a Simple Procedure Claim

When a Contractor Takes Your Money and Walks Away

You paid a deposit for a kitchen refit, a new roof, or landscaping work. The contractor started late, did a poor job, or never showed up at all. They're ignoring your calls. Scotland's Simple Procedure in the Sheriff Court lets you recover up to £5,000 — and contractor disputes are one of the most common claim types that go through it.

The process is designed for people without lawyers, and for a claim like this, the evidence trail is usually straightforward: a quote, a bank transfer, photographs of unfinished or defective work, and text messages that document what happened.

Building Your Case Before You File

The strength of a contractor claim depends almost entirely on documentation gathered before court. Start collecting:

• The original quote or contract — text messages can help show what was agreed
• Bank transfer receipts or proof of payment — showing the deposit or progress payments
• Photographs and videos — documenting the state of the work (or lack of it), with dates
• Text messages, emails, and WhatsApp conversations — showing what was promised, complaints raised, and the contractor's responses (or silence)
• An independent remedial estimate — get another contractor to quote what it would cost to complete or fix the work, as this establishes the loss you're claiming

The difference between winning and losing often comes down to whether you can show, in writing, exactly what was agreed, what was paid, and what went wrong.

Getting the Respondent's Name Right

This is where many contractor claims go wrong. Most tradespeople operate as sole traders, not limited companies. If you sue "Smith Building Services" and it's actually John Smith trading under that name, your decree could be unenforceable.

For a sole trader: sue the individual person ("John Smith trading as Smith Building Services") and serve at their residential or trading address.

For a limited company: search Companies House for the exact registered name and company number (e.g., "Apex Building Ltd, Company No. SC123456") and serve at the registered office address.

For a partnership: name the partnership and the individual partners.

Send the Demand Letter First

Before filing, send a formal demand letter by recorded delivery giving the contractor at least 14 days to pay. Lay out the facts — the contract, what you paid, what went wrong, and the exact amount you're claiming. State that you'll file a court claim if they don't pay by the deadline.

Sheriffs expect to see that you made reasonable efforts to resolve the dispute before using the court. A properly drafted demand letter also sometimes produces payment without needing to file at all.

Filing the Claim

Complete Form 3A on the Civil Online portal. In Section D (the background narrative), set out the facts chronologically: when you agreed the work, what was promised, what you paid, when the problems started, what the contractor did or didn't do, and how you've calculated your loss.

Keep the narrative factual. "I paid £2,500 on 3 March 2026 for kitchen installation. No work commenced. Contractor stopped responding to messages on 15 April 2026. Remedial estimate from another contractor: £3,200" is far more effective than emotional language about feeling betrayed.

The filing fee is £127 for claims over £300. After the Sheriff Clerk reviews and registers your claim, you'll get Form 3D with your service and timetable deadlines.

What Happens If the Contractor Doesn't Respond

Many contractor defendants ignore court papers entirely. If no response arrives by the deadline on Form 3D, you have 14 days to file Form 7A (Application for a Decision) with the mandatory Expenses Claim Form attached. The sheriff can then grant a decree in your favour without a hearing.

If the contractor does respond, the case moves to a Case Management Discussion and possibly a hearing. Bring your evidence bundle — organised chronologically — and be prepared to walk the sheriff through what happened, what you paid, and what it cost to put right.

After the Decree

A decree orders the contractor to pay, but doesn't collect the money for you. After a mandatory four-week wait, and if no appeal or recall is pending, you can instruct a Sheriff Officer to serve a Charge for Payment. If the contractor still doesn't pay within 14 days (28 days if outside the UK or the address is unknown), enforcement tools like earnings arrestment and bank account arrestment become available.

The Scotland Simple Procedure Guide includes a pre-filing evidence checklist tailored to contractor disputes and a Form 3A preparation worksheet, so you can build your claim systematically before going anywhere near Civil Online.

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