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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12081
Experience:  30 years as a practising solicitor.
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Having received an initial writ, I sent and paid fees for a

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Having received an initial writ, I sent and paid fees for a defence, when arriving at Aberdeen Sheriff Court on 11th Sept 2014, I found they had made a decree decision against me on 6th August 2014 and had not infromed me of this, travelled 148 miles to discover this decision, how do I appeal this?
Thank you for your question.
When did you get the initial writ?
When did you return the NID and the court fee?
Did you lodge a detailed written defence?
What subsequent communication did you get from the court, if any?
What was the nature of the hearing on 11th September and how did you know about it?
What kind of action is it?
Customer: replied 3 years ago.

The writ was intimated at Aberdeen court on 16th May 2014.

I received it post date marked 06/06/2014

Paid and returned NID 23/06/2014

Detailed defence lodged 23/06/2014

No further communication received except for dates, which included hearing date of 11/09/2014.

I drove 148 miles to Aberdeen to defend the writ to be told it was cancelled and they had made a decision on 6th August 2014.

i have had no correspondence at any other time.

It is a writ to sue for commissions paid to myself for conducting business, but, it also included commissions paid to others who happen to use my office facilities.I was quite prepared to pay my portion back but not the debt of others, it all seems very underhand the way this has been conducted.

You lodged the NID timeously and you lodged defences timeously, before time in fact.
The timetable would have outlined some other steps in procedure prior to what I presume was the Options Hearing on 11 September. These would have been a date for the last day for adjustment to the written pleadings, the last date for a Note of Basis of Preliminary Plea and the last date for the pursuer to lodge and intimate to you a Record of the written pleadings.
Have you asked the sheriff clerk to tell you the basis upon which decree was granted. It was presumably granted by default, in other words you didn't properly follow a step in procedure but from what you say you did and in any event you would have to be given notice of a motion for decree by default.
Ask the clerk to tell you why this has happened. You will have to mark an Appeal along with a Motion to allow the Appeal to be marked out of time. I suggest you engage a solicitor in Aberdeen to deal with this for you. An ordinary action, as opposed to a small claim or summary cause action, is not one that you should be dealing with yourself unless you are fully acquainted with the rules of court, even more so when you have an Appeal.
Happy to discuss further.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks again for your reply, I am aiming to contact a solicitor in Aberdeen but costs are a problem, having discussed with one in Aberdeen, my information is it could cost substandial, I am attempting to contact a legal aid firm to see if there is room for qualification. Again many thanks for your help


George Hill

No problem. You should be able to check on the legal aid board website as to your financial eligibility for legal aid.