Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • robti
    • By robti 16th Oct 19, 3:09 PM
    • 174Posts
    • 17Thanks
    robti
    Simple procedure help
    • #1
    • 16th Oct 19, 3:09 PM
    Simple procedure help 16th Oct 19 at 3:09 PM
    Hi looking for some help on what 5he above means in Scotland. So sister took a catalogue out in her daughters name and then stopped paying in 2016, now today my niece has got a hand delivered letter for the local court titled the above, so does she reply, not reply,stick her mother in or what, and what can happen with this to her financially ?
    Thanks
Page 1
    • MovingForwards
    • By MovingForwards 16th Oct 19, 5:25 PM
    • 2,531 Posts
    • 3,003 Thanks
    MovingForwards
    • #2
    • 16th Oct 19, 5:25 PM
    • #2
    • 16th Oct 19, 5:25 PM
    http://www.scotcourts.gov.uk/taking-action/simple-procedure

    Its the Scottish equivalent of the small claims court for civil litigation claims.

    If she ignores it she will end up with a Scottish version of a CCJ which will cause credit issues.

    Your niece can add her mom as a second defendant
    • WhenIam64
    • By WhenIam64 16th Oct 19, 7:10 PM
    • 852 Posts
    • 553 Thanks
    WhenIam64
    • #3
    • 16th Oct 19, 7:10 PM
    • #3
    • 16th Oct 19, 7:10 PM
    She can respond as instructed and have the matter dealt with on paper. Typically it is up to the claimant (pursuer) to prove their case rather than the defender to defend. She can enter a bare defence e.g. I do not owe the money, but that allows the sheriff to make his own decision (not recommended).

    If the the debt in someone else's name (petty fraud) the case is not defendable and your sister has the option of either paying before it goes to court or suffer the consequences when the facts comes out. Clearly the daughter has no responsibility and her failing to acknowledge/defend can have consequences.

    How much is the debt?
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
    • robti
    • By robti 19th Oct 19, 10:50 AM
    • 174 Posts
    • 17 Thanks
    robti
    • #4
    • 19th Oct 19, 10:50 AM
    • #4
    • 19th Oct 19, 10:50 AM
    1300 so as Movingfor... said it’s the Scottish ccj equivalent, can I ask can she offer to make payments or has it gone too far and her only option is to pay in full or let it go to court, I haven told her to make an appointment with the citizens advice but asking on here in the interim?
    • MovingForwards
    • By MovingForwards 19th Oct 19, 12:39 PM
    • 2,531 Posts
    • 3,003 Thanks
    MovingForwards
    • #5
    • 19th Oct 19, 12:39 PM
    • #5
    • 19th Oct 19, 12:39 PM
    Even if she makes an instalment offer, and it's accepted, it will be formalised by a court order (Scottish CCJ) and be on her credit history reports.

    I know it's a horrible situation for her but if she has a job / career when she needs a clean credit history then she will need to beg / borrow the money to pay it in full, including costs and interest.

    I take it she hasn't reported the mother to the police / action fraud? As that may be her only way out of this and then disclosing everything as the court case progresses.
    • WhenIam64
    • By WhenIam64 19th Oct 19, 1:40 PM
    • 852 Posts
    • 553 Thanks
    WhenIam64
    • #6
    • 19th Oct 19, 1:40 PM
    • #6
    • 19th Oct 19, 1:40 PM
    What is of slight concern is why the daughter did not raise the issue when the billing arrived.

    If the daughter is clearly the victim here, then she has to do the right thing. If this was some sort of "device" they heard from a bloke down the pub, then they both might get something they did not expect.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,110Posts Today

7,952Users online

Martin's Twitter