Sheriff officer hand delivered letter.

by Blaze Fielding Wed Apr 11, 2018 2:16 pm

Hi all. I'm not new, but I had issues with my other account log in, so had to make a new account up.
It's regarding my friend. She got a hand delivered note demanding money from the Sheriff Officer (Scotland) See attached.
She called the number offering to make monthly payments of £30, but the "solicitor" declined stating " it would take too long to pay off"
I doubt these are even legit solicitors tbh.
She's not heard anything from Cabot for 2 years, then Boom! She gets this handed to her. She's a born worrier and is making herself ill as they told her the Sheriff Officer can do a Pinding of Sale, and remover her goods from the house
Any advice would be appreciated guys.
Thanks previous Whatamess.

by Blaze Fielding Wed Apr 11, 2018 2:18 pm

by Little D Wed Apr 11, 2018 3:31 pm

Hey,

Have you or your friend looked into a 'Time order' or 'Time to pay order'?. I think you need to apply for them through the sheriffs office at the court.

I think (happy to stand corrected as I don't know much about debts in Scotland) that when you apply for it you add an attachment of earnings and the decision is made by the sheriff/court and not the claimant. If your friend can only pay £30 a month then that's all she can pay. I think (again happy to be corrected on this) you have to apply for it within the 14 days in the notice your friend has received.

There may be other options available but this may be a start.

This may be a generic form for it, but double check : http://www.govanlc.com/time_to_pay_2008_form.pdf

Another form with a bit more info : http://www.scotcourts.gov.uk/docs/scf---ordinary-cause/form-o3---notice-to-be-served-on-defender-in-ordinary-action-where-time-to-pay-direction-may-be-applied-for-actions-lodged-on-or-after-4-april-2011.doc

Some legislation : http://www.legislation.gov.uk/ukpga/1987/18/part/I/crossheading/time-to-pay-orders-following-charge-or-diligence

by Blaze Fielding Wed Apr 11, 2018 5:38 pm

Thanks for that.
I take it she’s well past the asking for her deeds of novation and assignment?

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