How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10662
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

As a business (ltd company) we've been served with a money

Resolved Question:

As a business (ltd company) we've been served with a money payment order by a sheriff officer acting on behalf of another company who we've challenged the debt with. This went to a County court in England (the other company is english based) and back in september we completed the claim form as a defendant but never heard anything further until this notice was served on us today.
However I believe the notice to be invalid as both it and the extract of the registrar of Scotland that they provided both contain the wrong company number for our company. I am just trying to find out the best way forward on challenging this.
Submitted: 11 months ago.
Category: Scots Law
Expert:  Ben Jones replied 11 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 11 months ago.
How old is the debt?
Customer: replied 11 months ago.
It was incurred in July 2014. It is a debt we owe but was disputed due to the company providing the incorrect type of equipment but rather than settle it amicably with us and reach an agreement (we were willing to pay something) they've gone down this route.
Expert:  Ben Jones replied 11 months ago.
I am sorry I did not realise you were based in Scotland, I will opt out and allow a Scots lawyer to assist you, please do not reply in the meantime thanks
Expert:  JGM replied 11 months ago.
What has happened here is that an English court action has been served on you and whilst you have filled in the reply form, you haven't followed up the procedure. As a result the English court has issued a judgement against you. This has then been registered for enforcement in Scotland via the Books of Council and Session in Edinburgh. It is now too late to question the judgement. You will have to pay the sum sought and then raise proceedings against the English company for damages on the basis that they supplied and charged you for the wrong thing. It may be that the threat of doing that would be sufficient to get them to talk to you about this. However, you can no longer challenge the demand for payment as it will be far to late to do so. The lesson to be learned is that you should never attempt to conduct litigation without legal advice. I hope that is of some help. Please leave a positive rating so that I am credited for my time.
Customer: replied 11 months ago.
Thanks for the reply I did think it would
Be too late to follow up on the judgement but that's not what I asked (though for the record I never received any reply after my defence form) I asked if I can challenge the enforcement payment notice as its got the wrong details on it
Expert:  JGM replied 11 months ago.
You can advise the sheriff officers that the designation is wrong as regards ***** ***** number. However at best that would delay matters as they can easily get this changed if they have to. It is a scenario that comes up from time to time. They would have to get a new Certificate of Judgement from the English court and register it again at BCC.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10662
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.