Decree obtained in Scotland - How to enforce in England?

[rosiepompom]

Can anyone help me? I've been fighting with 'Kitchens uber' (one of their many names!) for one year,I was eventually awarded an extract of decree for £3,000+expenses.I now can't seem to find anyone who knows how to have this enforced in England (company in Manchester) as I was awarded this in a Scottish court.I've been to sheriff officers etc but no luck! HELP PLEASE!!!!

[ims21]

Hi

 

I've moved your post and created a new thread for you.

 

The guys will be happy to advise as soon as they are available.

[rosiepompom]

Thanks.Whoops ! Sorry for putting it in the wrong place!Cheers!

[AndyOrch]

Hi Rosie

 

To enforce a Scottish decrees in England you have to have it registered in a High Court in England. They will issue a certificate under section 18 and 6 of the civil jurisdiction and judgements act 1982 which is form 1. You need to register this in the central office of the Queens Branch division of the high court in london. This can cost around £80 and must be done within 6 months of the decree and the writ of execution will granted.

 

Regards

 

Andy

[rosiepompom]

Thanks Andy, Can you tell me where I can get these forms? It's a total nightmare,no wonder so many people give up with this rogue-he's getting away with murder!!! Thanks again for your reply as I have been everywhere from the court where it was granted to 2 lawyers with no luck!I even called Manchester high court and was advised to look up something to do with EU law?

[AndyOrch]

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part74

 

Regards

 

Andy

[ploddertom]

You may also find that most High Court Enforcement Officers are capable of doing this. If deciding on this route do so with caution as biggest is not always best but if you saw a program on BBC in March it did feature a Company who may be approachable.

[rosiepompom]

Help!!!! I am in Scotland & was granted a decree in March against a kitchen company in Manchester.They asked for a recall which I attended on 29th May.No one appeared from the company so I was re-awarded the decree.I have now received yet anothe letter for a recall on 7th August!!!! How many times can they do this? Thanks.

[rosiepompom]

Hi, Just as I am deciding which route to take in enforcing this above decree,I received a letter from court yesterday to say that this 'company' has asked for another recall of the claim on 7th August and it has been granted!That will be 3 times this has been awarded to me but I still don't have a piece of paper worth £1! No one showed at the original hearing,then the recall on 29th May,yet now they're allowed yet another! Does anyone know how many times they can do this? Thanks.

[ims21]

Post from another thread on 25 July at 14:33 merged to this one

 

Please just keep to this one thread for this issue

[rosiepompom]

Whooops! Sorry.Can you tell me how to move it? Thanks.

[ims21]

I've already done it

[rosiepompom]

Cheers!

[DizzieDiva2010]

Hi, Just as I am deciding which route to take in enforcing this above decree,I received a letter from court yesterday to say that this 'company' has asked for another recall of the claim on 7th August and it has been granted!That will be 3 times this has been awarded to me but I still don't have a piece of paper worth £1! No one showed at the original hearing,then the recall on 29th May,yet now they're allowed yet another! Does anyone know how many times they can do this? Thanks.

 

Hi..

 

1) Can we have an update as to what stage you are at with this case?

2) Did you contact the court and enquirer as to how many times they can recall this decree?

 

Is there any order you can put in to stop their recall?

[rosiepompom]

Hi Dizzy. I've had the decree granted twice & have been trying to find out how to go about getting it transferred to the Manchester high court,but each time I've been in the process of this I have then had a notice for a recall & have had to return the paperwork!!!!!Had the sheriff officer here today with a summons from this 'company' to say they want a recall this Tuesday saying that they never appeared the last twice due to receiving my summons late!!!! More lies! They've given the reason this time stating that they replaced the damaged parts of the kitchen & I had it fitted!!!!I went to the court today and found out that it's only a hearing of the recall on Tues after which a trial date will be set (that's if anyone actually turns up).If they don't I'm going to ask the judge if he can stop any further recall as they are as usual getting away with murder! So sick of it all! I don't need any witnesses i.e. joiners,pictures etc for Tuesday but I will be taking a copy of all of the complaints I have.I don't suppose they'll entertain this as it's not relevant to my case but I'll have a good try! Cheers Rosie.xxx