If a retailer will not repair, replace or refund a faulty pram or pushchair, the last resort is a court claim. In Scotland the route for a consumer claim of this size is called Simple Procedure and it runs in the sheriff court, not the county court used in England and Wales. This guide summarises how the Scottish Courts and Tribunals Service (SCTS) and Citizens Advice Scotland describe the process, for a claim about a pram bought for personal use. It applies to Scotland only; the English and Welsh process is covered in the site’s guide to a court money claim in England and Wales. It is general information, not legal advice.
What Simple Procedure is
SCTS describes Simple Procedure as a court process designed to provide a speedy, inexpensive and informal way to resolve disputes. The person making the claim is the claimant, the person or company it is made against is the respondent, and the decision is made by a sheriff or summary sheriff. A solicitor is not required, although one can be used. A claim can be made for payment of a sum of money where the value is £5,000 or less. Claims worth more than £5,000 follow ordinary cause procedure, which is a different and more formal route. Citizens Advice Scotland lists compensation for faulty consumer goods among the most common types of claim, and says that if the case is legally complicated it may need a different procedure and an experienced adviser.
Steps to take first
SCTS says that before raising a claim it is important to have tried to settle the dispute, for example by writing to the company and trying to agree a settlement. Citizens Advice Scotland makes the same point: contact the shop first, and use the court only if negotiation fails. SCTS also mentions Alternative Dispute Resolution as another possible route. It lists questions to ask before starting:
- Is the respondent likely to be able to pay?
- If it is a company, has it ceased trading?
- Is the claim being raised against the correct person or company?
- Is there time to prepare for a hearing if the claim is defended?
- Can the cost of enforcing a decision be afforded, since the court cannot do this for the claimant?
The substantive question, whether the pram is legally faulty, depends on consumer law rather than court procedure. The site’s guides to faulty pushchair rights and to Section 75 and chargeback cover the routes to try before court.
Which court
There are 39 sheriff courts in Scotland. SCTS says that in most cases the court that hears the claim is the one for the area where the respondent lives or has a place of business, and that a special rule applies in most circumstances to consumer contracts. Its example is a shop selling goods on instalments: the consumer can raise proceedings either in the court for the area where they live or in the one for the shop’s area, but if the shop wanted to sue the consumer it could only do so in the court for the consumer’s area. Citizens Advice Scotland says a consumer claim can usually be made in the sheriff court nearest to where the claimant lives.
Making the claim
A claim should be submitted through Civil Online, the SCTS portal. If that is not possible, a paper Simple Procedure Claim Form (Form 3A) can be used, but SCTS says the claimant must send two copies and a short note explaining what prevents online submission, and the sheriff decides whether the claim can proceed on paper. Citizens Advice Scotland gives examples of good reasons, such as having no personal device, very poor internet access, or a disability that prevents use of online forms. SCTS advises including as much information as possible so the sheriff can fully consider the claim and the respondent has fair notice.
Fees
A fee is paid when the claim is submitted. On the SCTS fees page, fees payable from 1 April 2026 are £23 for a claim for a sum of money of £300 or less and £127 for all other claims. If the claim is rejected, an online fee is refunded automatically. SCTS says a claimant may be exempt from fees, for example if receiving certain state benefits, and there is a fee exemption form. Service by a sheriff officer, where needed, costs £15 plus the officer’s fee.
What happens next
The sheriff clerk checks the claim form. Problems that can lead to it being returned include an incomplete form, the wrong sheriff court, or a request for more than £5,000. Once registered, the claim is given a case reference number and a timetable with two dates: the last date for service and the last date for a response. The claim form must then be served on the respondent. The claimant cannot do this personally; an individual or sole trader can ask the sheriff clerk to serve it by recorded delivery, or a solicitor or sheriff officer can be instructed for a fee. If the respondent does not respond, the claimant may apply for a decision within two weeks of the last date for a response. SCTS says that since 21 May 2025 all claimants must lodge an account of expenses before a case will be decided. If the respondent disputes the claim, a hearing follows, and if they admit it they may ask for time to pay by instalments.
Frequently asked questions
What is the limit for a Simple Procedure claim? £5,000 or less for a claim for payment of money, according to SCTS.
Can the claim be started by post? Only with a paper form and a note approved by the sheriff; the normal route is Civil Online.
Can the court collect the money for me? SCTS says the court cannot enforce the decision on the claimant’s behalf if it is not complied with.
The bottom line
A Scottish consumer with a faulty pram worth up to £5,000 can use Simple Procedure in the sheriff court, filing through Civil Online with a fee of £23 or £127 depending on the sum claimed. Try to settle first, consider whether the retailer can pay, and remember that enforcement is the claimant’s responsibility.