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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12845
Experience:  30 years as a practising solicitor.
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I received a summary cause summons back in February 2016.

Customer Question

I received a summary cause summons back in February 2016. Was sent the wrong paperwork (1B rather than 1A) which meant no option to apply for time to pay. Contacted creditor directly because of this. Agreed a payment plan and agreed to full balance (although didn't agree with amount at all but wanted to avoid stress of court etc). Offered an amount that was beyond my means. Had a child and found it near impossible to make payments. Contacted them to advise couldn't afford to make payments in January. Never got a response till May. Have since been sent personal emails describing my behaviour as disgusting etc. Sent another email stating that they have taken advice and will now be taking action and specifically targeting any vehicles owned and computers and the used for business (I don't have anything of at value and have checked and know they can't take tools for work under a certain value). Contacted the courts as don't want to deal with them directly and was told that the claim was only registered with the court but they have no other information and no record of any payment plan? What should I do?
Submitted: 2 months ago.
Category: Scots Law
Expert:  JGM replied 2 months ago.

Thanks for your question. I am a solicitor in Scotland. Did they take a decree against you at the court?

Customer: replied 2 months ago.
According to my credit report a judgement was made in April 2016? However the court advised that they only had the claim registered but nothing more so I'm not entirely sure
Customer: replied 2 months ago.
I'm afraid I can't switch to a phone call
Expert:  JGM replied 2 months ago.

Thanks for your question. Do you wish to defend the original claim?

Customer: replied 2 months ago.
I can't afford to make any significant payments right now but I didn't think it would be possible to defend the original claim since I did accept I owed them money by starting to make payments to them?
Expert:  JGM replied 2 months ago.

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.

Customer: replied 2 months ago.
Is there a charge for this? Will it go against me that I have made payments of over £1800 since I first received the summary cause summons? Finally are there any other details that I should include to help support my case?
Expert:  JGM replied 2 months ago.

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.