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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11563
Experience:  30 years as a practising solicitor.
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Would like to write a letter a note in sequestration

Resolved Question:

would like to write a letter a note in sequestration for appeal can you assist as cannot get a solicitor to take on case
and letter must be in for thursday this week can you help to draft letter of appeal ?
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
copy of wording in letter
we wish to advise that in the terms of section 49(2A)(a) of the bankruptcy Scotland act 1985 a formal adjudication has been carried out on the claims received in respect of your sequestration. we attach a copy of the schedule for your informationWe would advise that if you are dissatisfied with our adjudication , in terms of section 49 (6) of the bankruptcy (Scotland) act 1985, you have the right to appeal to the sheriff at Falkirk within 14 days of this letter dated 05/11/2015
Expert:  JGM replied 1 year ago.
Thank you for your question.
What are the grounds of appeal?
Customer: replied 1 year ago.
1. alleged monies due to falkirk council are to wrong person due to a ltd co
2. monies due to jenkins and co are to a ltd co not me personally ?
3.monies due to National australia Group was a secured loan on a property to a partnership and not unsecured ?
hope this helps ?Regards ***** *****
Expert:  JGM replied 1 year ago.
You are only allowed to appeal if you can establish that you have a pecuniary interest in the outcome of the appeal. Are you able to do that? If not there is no point in appealing. However on the basis that that is not a problem, I undernote a style that you can read, fill in the blank sections and take to the court. I hope this helps. Please leave a positive rating so that I am credited for my time. Rule 7(1) FORM 6 Form of note of appeal to sheriff under the Bankruptcy (Scotland) Act 1985 SHERIFFDOM OF TAYSIDE CENTRAL AND FIFE AT FALKIRKCourt Reference No. (insert) NOTE OF APPEAL under Section 49(6) of the Bankruptcy (Scotland) Act 1985 by (insert your name and address) In the sequestration of(insert your name and address) 1.The appellant appeals to the sheriff on the following grounds: 2.The appellant is dissatisfied with the Trustee’s adjudication for the following reasons.[State grounds on which appeal is made, ie, say why you don’t agree with the adjudication. Be detailed] 3.The appellant has a pecuniary interest in the outcome of the adjudication because (state pecuniary interest) 4.The appellant craves the court to allow this appeal and to adjudicate said claims in accordance with the revised schedule attached. (prepare and attach a revised schedule and attach to the Note). Date (insert date of appeal)Signed(Signature of appellant) (insert designation and address)
Expert:  JGM replied 1 year ago.
I hope that helps.
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