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Thank you for your very informative answer, In your first para last sentence you mention repayment schedule. There has been no repayment schedule agreed, we actually still have a small amount of arrears but the court continued the case to monitor monthly payments ie normal monthly payments to ensure paid regularly that is each month without mention of repayment of arrears and again no set repayment schedule.
You recently answered a question which I believe will be attached to this. The trustee has applied to Glasgow Sheriff Court for permission to raise proceedings to try and sell the house. In the first instance is all I need to do is Return Form 07 notifying my intention to defend the action along with the court fee of £90? I do not need to lodge my actual defence at this time?
thank you once again. VERY HELPFUL.
You have answered question re my sequestration and the Trustee's ability to force sale of my home. Today I lodge my defence, is there a set form or layout I should use? And should I include section 39(4) of the Bankruptcy (Scotland) Act 1985 within my defence. I look forward to your reply
I have to lodge defences today and have until 5th June for making adjustments to defences and att that point I will have a Solicitor in place to amend defences.. Are you allowed to recommend a Glasgow solicitor?
Is section 39(4) of the Bankruptcy (Scotland) Act 1985 a plea in law and are you able to recommend any other plea in law?
1.The said heritable subjects being a family home in terms of section 40 of the bankruptcy scotland act 1985 and for the first and second defenders having refused to consent to the sale thereof, it is epdient that authority for the sale of the one half pro indiviso share of the said subjects which have been vested in the trustee of the debtor as first craved.
NEVER REFUSED SALE OF BEEN NO CONVERSATION ABUT SELLING
2.the pursuer being trustee on the sequestrated estate of the first named defender and the the trustee and second named defender being pro indiviso proprieters of the subjects, the pursuer is entitled to the division or sale of the subjects as second craved
3. The said heritable subjects being a family home in terms of section 40 of the bankruptcy scotland act 1985 and the first and second defenders having refused to cooperate in the marketing and sale thereof, it is expedient that authority to enter possession of the said subjects is granted as third craved
have never refused to cooperate never talked about selling
4. The pursuer being entiitled in the circumstances condescended upon to enter into possessions of the said subjects, and being further entitled to decree of ejection, decree should be granted as fourth craved.
What does quoad ultra denied mean please
Finally I hand in my defences to the Civil office at the court is there anything else I need to do or hand in.
You have kindly answered questions previously to my ongoing court action. It is my intention to make financial offer to agree a buy out amount for my share of the house but in the meantime can you help me answer the following,
Pleas in Law
The defenders averments being irrelevant et separatim lacking in specification decree de plano should be granted as craved.
How would this be answered.
How do I answer or what is the relevance of this
The said heritable subects being a "family home" in terms of section 40 of the Banruptcy (Scotland ) Act 1985 and the first and Second named defenders having refused to consent to the sale thereof, it is expedient that authority for the sale of the one half pro indiviso of the said subjects which have vested in the Trustee of the Debtor is granted as first craved.
The pursuer being Trustee on the sequestrated estate of the First named defender and the Trustee and Second Named Defender being being pro indiviso proprietors of the subjects, the Pursuer is entitled to the division or sale of the subjects as second craved.
Also surely my wife has to agree to the sale of the house?
Section 40 in terms of financial ability to re house?
39A the three year time limit, is this where the pursuer has to claim a debt within 3 years?
In what way would it not be competent
is 39A of the bankruptcy act
The main basis of my defence will be based on financial offer to my trustee but also need to argue on the below
The First and second Defender craves the court,
To deny the pursuer, in terms of section 40 of the Bankruptcy (Scotland) Act 1985 (a) and (b) the right to sell or otherwise dispose of the one half pro indiviso interest in the heritable subects known as and forming 3 Alexandra Park Kirkintilloch Glasgow g66 5BH and registered in the Land register of Scotland under title number GLA109974, which interest in the subjects has vested in the Pursuer as Trustee on the sequestrated estate of the debtor. The pursuer has taken no account of the Second defenders financial resources or needs.
I am unsure as to relevance of " (d) the length of the period during which (whether before or after the relevant date) thefamily home was used as a residence by any of the persons referred to in [ paragraphs (a)
My thanks for your assistance, defences lodged so here's hoping I am successful.
15/6/2015 is the last day for intimating, together with your grounds, a note of any preliminary pleas
Could you please explain what it means by preliminary pleas. Is there a set format for this.
If, as I do, intend to reach financial settlement with the pursuer is there a plea in law applicable to this to lodge as my preliminary plea.
If I do not lodge a preliminary plea today I assume then options hearing due for the 19/6 still goes ahead based on the defences I have lodged.
Thank you for your help
I have been served Form G7 Form of intimation of Motion and Form G9, this is a motion for Summary decree. The Form G7 has section, "Last date for Lodging Notice of opposition: 30th June 2015. As this date is the date on the papers served on me then am I correct in saying that this is the date that I and the courts will work to for me lodging notice of opposition. I ask this as the pursuers solicitors had in correspondence by email stated the date was 17th June 2015. Although the 17th may have been the date they intended surely if papers served state 30th June then the 30th is the correct date.
I am lodging form G9 notice of opposition to motion of Summary Decree.It states Notice of opposition to Motion by (1)to(2)by(3)on (4)
Please advise what I should insert at these points