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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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As a business (ltd company) we've been served with a money

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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: 1 year ago.
Category: Scots Law
Expert:  Ben Jones replied 1 year 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 1 year ago.
How old is the debt?
Customer: replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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: 11154
Experience: 30 years as a practising solicitor.
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