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Thanks for your question. I am a solicitor in Scotland. Did they take a decree against you at the court?
Thanks for your question. Do you wish to defend the original claim?
If no steps have been taken towards enforcing the decree yet, you could apply for a recall of decree to the court at which it was granted and challenge the fact that you were served the wrong papers and not given a chance to apply for a formal time to pay order. You need to apply by sending a Minute for Recall of Decree form which you can get at www.scotcourts.gov.uk.
No there is no court fee for a recall. Your argument is that the decree should be recalled and you should be given the chance to have a court awarded instalment decree for the balance owing at a level that the court deems reasonable.