Simple Procedure - Scotland

greyjoy

Hi All,

I have a judgment issued against me after going through a Simple Procedure claim. The debt (after fees) is almost £2,500.

I had offered numerous payment plans that were all rejected as they believed the amount was too low. So the most recent one is a final demand for the full bill with the court judgement attached.

My circumstances haven't changed. I'm an unemployed stay-at-home Mum with no resources to pay this bill. I simply cannot afford it. I live my my partner but have no possessions that can be seized from the household as nothing belongs to me.

I know that is up to the claimant to enforce the judgement now but I'm honestly not sure what they can do. Is it worth me writing an asking for another payment plan to be set up ?

Thanks in advance,

Nostrus

Hi Greyjoy,

First of all, just to clarify your current circumstances, I understand from your post that the action has gone through the court and that the Sheriff has pronounced final decree. You are now looking at a Charge to Pay/Charge for Payment of Money, is that correct?

Also, did you response to the Claim Form at all? In the papers that you'll have received, you should have had a Response Form and a Time to Pay Application. Did you fill those out and return them to the court?

sourcrates

Hi,

(Scottish) National Debtline is the place to ask for advice on this :

https://www.nationaldebtline.org/S/Pages/default.aspx

greyjoy

Hi guys,

Thank you for your replies. sourcrates I'll ask the question on that website.

Nostrus, yes correct. I responded to the papers on time and attended a court hearing after they rejected my time-to-pay application I have never disputed the fact that I owe the money, and I was making payments towards it at one point.

I'm just wondering what happens now. They have since sent me a letter demanding payment.

PS sorry for the late reply.

Nostrus

Alright, well you have (had?) 14 days from the date of service to contact the pursuer in order to come to some kind of arrangement.

Legally, after the 14 days they can pursue various avenues of enforcement but given what you have said here, practically, it is unlikely anything can happen. They could arrest your bank account but there is a protected minimum balance of £494.01 so anything under that cannot be seized.

You are unemployed, ergo no earnings arrestment. If you own a motor vehicle in your own name that is not on finance, that could be seized. Nothing is likely to be taken from your home, as exceptional attachment orders are rare.

greyjoy

Thank you very much for your advice. Makes me feel a little better knowing there a minimum amount they can't take.

I've tried to reason with them again since the court action but they are not interested.

I'll continue to try to pay what i can afford and we'll see what happens.

Many thanks again.