Taking Claim from English to Scottish Court (HELP REQUIRED)

[angeljen]

Hows this? :

 

Dear Sir or Madam

Registration of Certificate of Money Provisions

 

I wish to register the enclosed Certificate of Money Provisions Contained in a Judgement for Registration Under Schedule 6 to the Civil Jurisdiction and Judgements Act 1982.

I enclosed is a cheque for £10.00, payable to “Registers of Scotland”, for the service.

I look forward to receiving the extract of the registered certificate, the Warrant of Execution and the return of the original certificate.

[angeljen]

STEP THREE

When you have received the extract and warrant, you can instruct a Sheriff Officer to attempt to recover the debt. The Sheriff Officer must hold a commission to act in the area of the defendant’s home address or business premises. You can obtain addresses of local Sheriff Officers from the Yellow Pages or from The Society of Messengers-At-Arms and Sheriff Officers, 11 Alva Street, Edinburgh EH2 4PH (Tel: 0131 225 9110, Fax: 0131 220 3468 )

 

Just to remind myself of the stage I'm at.

 

Nearly there.

 

Roll over RBS! Sit! Play dead! Gooooood booooooy

[angeljen]

I've found a Sheriff Officer, practically on the doorstep of my bank. They look posh!

Hope they charge them a blinking fortune!!!

[angeljen]

Right. I've contacted a Sherriff Officer. Charge: £140

 

Now, I'm prepared to pay, but the bank seem to be playing VERY hard ball. I spoke to them and explained that the debt will double. They're like "We'll wait to hear from you"

 

Now, if the Sherriff Officers get involved, they said something about Bank Arrestments and they didn't sound certain that they could get them to pay up.

 

Can someone tell me honestly, if I will get my money back and how much more money might I have to pay out in order to settle this if the bank is adament that it isn't going to pay up?

[angeljen]

Right, I'm going to request that my court issue a warrent of execution to Style's English office. Hopefully they'll do that and it'll save forking out god knows how much money with Sheriff Officers. Wish me luck x

[angeljen]

I sent the following to my local County Court:

 

As you will see from the claim notes, I have been awarded Judgement in Default and I have since had the judgement registered in Scotland.

The next step to enforcing the judgement in Scotland is to instruct a Sheriff Officer to execute the warrant. Unfortunately, this involves a large payout upfront funded by myself.

 

I believe that a much simpler and cost-effective course of action would be to serve a Warrant of Execution on the defendant’s English address.

 

The defendant’s English address is below:

 

 

If a PO Box address is insufficient, the defendant’s parent company’s address is below:

 

 

Please advise what you propose would be the best course of action. I would prefer to keep the litigation within England if at all possible. If a new claim must be made to pursue this claim with the defendant’s parent company, please advise by return.

 

and my cout replied:

 

The court cannot advise.

 

what do I do?!

[HydraUK]

Don't think you can serve a post office box?

 

Have you tried speaking to a solicitor? You can usually get half an hour free consultation at many offices....

[angeljen]

Thanks matey!

 

Any other thoughts? Anyone?

 

Do any legal experts frequent this site?!

[angeljen]

Well, the local solicitors I contacted don't know much about consumer law and the Citizens Advice Bureau only has 6 hours of call-in time a week and no-one answers the bloomin' phone. Help? Please?

[jonni2bad]

Will see if anyone knows the solution.........

[jonni2bad]

Jen - please contact either Martin3030 or Robertxc - both have ideas for you.

[goforit]

Did this ever get sorted out?

 

Am I right that, thus far, Jen is only out £10.00 trying to sort out this mess?

[angeljen]

I can spare a tenner! lol Sorry not checked in in a while! Will contact that pair, thanks you guys xxxxx

[Robertxc]

Why not just send the sheriff officers into rbs headquarters in Edinburgh?

[angeljen]

Because that costs £150, which I don't have.

[Robertxc]

Because that costs £150, which I don't have.

£150? Are you sure? I've used them a couple of times, and it was only about £40. If you like, I can give a local one to me a call and ask them the best solution.

[angeljen]

That would be brilliant, thank you

[angeljen]

I've paid my Sherriff Officer who has gone round and done something because this morning I received a letter saying:

 

With reference to the default judgement you have obtained under the above claim number, I am writing to inform you that a cheque for the sum of £200 is being issued and will be sent to you in due course. The sum is paid in full and final settlement of your claim. Please also note that payment is made with no admission of liability and is subject to your agreement not to court publicity, or disclose or refer to any third party the background to this matter, and to keep the terms of this settlement strictly private and confidential.

 

Now, the whole point of this case is to go to the Information Commissioner to get my default removed.

 

Now, surely, they're in no position to make an offer with terms and conditions. Can I just say:

 

"I don't accept your offer with the terms and conditions, just pass on the cheque to my debt colectors, without terms and conditions. Thanks."

 

???

[angeljen]

Won't rejecting the full money put me in the pooh with the court though?

[determinedferret]

Won't rejecting the full money put me in the pooh with the court though?

I hope Angeljen eventually got her money! You all seem such experts on this procedure that I hope you can help me. Our small family business has a county court judgement in England against an individual for an unpaid debt to us. They did not pay so we took out an attachment of earnings order. The company is registered in Scotland and we had a letter from the court saying that "The defendant's employer is based in Scotland but as they have not been making payments and have not volunteered any information the court cannot enforce the order against them as they are outside the jurisdiction of England and Wales." I looked at the Attachment of Earnings handbook and wrote to the court asking about Section 3 of the CPR Part 74.17. I am awaiting a reply. I assume I would then have to try and enforce the AOE order in Scotland? Would this involve the procedure you describe?

It does seem unfortunate to take up a dispute with the company in this way as the debt isn't with them. They have no English office, although the judgement debtor lives and works for them in England. Does anyone have any advice for me? I wondered about writing directly to the CEO as one business person to another. The debt is around £700. Thanks to all you wondeful guys!