Taking Claim from English to Scottish Court (HELP REQUIRED)

[angeljen]

I have been awarded judgement in default by my English court as RBOS - Style Financial Services Limited have not replied to my court.

I cannot issue a Warrent of Execution through my court as English Law and Scottish law is different (my court is a bit dim on all this - so am I!)

How do I get my case transferred to a Scottish Court? Which Scottish Court?

PLEASE HELP ME

[jonni2bad]

Will get back to you............

[angeljen]

Thanks Robertxc for advice to serve Warrent of Execution on local office. Unfortunately the unqualified clerks in the Mansfield County Court believe that I cannot do that as I have already served the claim on the Scottish Head Office address. She gave no advice what to do next apart from ask Citizens Advice Bureau. My local CAB is closed until Thursday. I need a solicitor, don't I?

[jonni2bad]

Info kindly supplied by hagenuk..................

http://europa.eu.int/eur-lex/pri/en/...00010023.p df

See Article 15 (2) and Article 38.

Essentially, the European Union has a system for ensuring that judgments obtained in the courts of one member state are enforceable against the assets of the defendant situated in other member states.

The rules are contained in an EU Regulation on civil jurisdiction and enforcement of judgments (the "Brussels" Regulation 44/2001) which operates like a federal law binding all EU courts. Link above.

However, in order to create this single market in judgments the Regulation first lays down clear rules about which courts have jurisdiction. Only if they have jurisdiction over the claim can the English court enforce its judgment in Scotland.

[angeljen]

Thank you very much... but...

I'm sorry to have to play the dumb blonde card again, but could I have that in English with a plan of action, please?!

This case makes my brain turn into mulch!

[jonni2bad]

I've not read it yet as I'm still at work - could you read through first and see what it refers to and if there's anything you can gather from it then post back so I've got an idea too?

[DNA]

To enforce a Judgment entered in an English/Welsh Court against a Defendant who resides in/has its registered office in Scotland requires an application to your local Court for a Certificate of Money Provisions to be signed by a District Judge, then you instruct a Bailiff in Scotland to enforce the Judgment. At work, we normally use a firm of Solicitors in Glasgow called Yuill & Kyle to enforce for us but you can instruct yourself.

[DNA]

I also found this:

What are the steps involved for enforcement in Scotland of a money judgement entered in the High Court in England, or in a County Court in England and Wales?

If you have been awarded judgment for a sum of money in the High Court or a county court in England and Wales and you wish to enforce the judgment in Scotland, you should take the following 3 steps. The main legal governing the procedure are in the Civil Jurisdiction and Judgments Act 1982, Section 18 and Schedule 6.
STEP ONE
You should obtain a Certificate of Money Provisions from the court that awarded judgment by filing a form of certificate together with an affidavit (sworn statement). In the affidavit you must:

• Give details of the judgment, stating the unpaid balance, the rate of interest (if any) and the date or time from which any such interest began to accrue;
• Confirm that no appeal is outstanding and that the time for appealing has expired;
• Confirm that enforcement of the judgment is not stayed or suspended; and
• Give the addresses of the parties to the action

Note For the requirements for the High Court see the Rules of the Supreme Court (Order 71, rule 37(3)), and for a county court see the County Court Rules (Order 35, rule 5). You can get further details about this procedure from the Central Office, Royal Courts of Justice or any District Registry of the High Court (for High Court procedures) or from any county court (for county court procedures).
STEP TWO
You should register the Certificate of Money Provisions in the Register of Judgments of the Books of Council and Session within 6 months of the date of issue of the certificate. To do this you should send a covering letter and a fee (currently £10 for a single page, and £1.00 for each subsequent page) to The Keeper, Registers of Scotland, Books of Council and Session, Meadowbank House, 153 London Road, Edinburgh EH8 7AU (Tel 0131 659 6111 Ext 3630). No other documents need be sent. The Keeper of the Registers will send you an extract of the registered certificate and a warrant for execution (the authority to enforce the judgment).
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 )

[DNA]

Wording of the Certificate below. I think there is a fee to lodge the Certificate - I can find out tomorrow what the fee is but it might (not sure) differ from Court to Court. You may need to swear an affidavit at Court (£5 fee plus £2 to exhibit the Certificate) but we don't have to at Manchester - like I said, each Court may vary. You might be lucky and have one of the Court staff seal your Certificate without the need for it to go before a Judge. Then send the sealed Certificate to Edinburgh with your fee.

_____

In the (BLANK) County Court
Claim Number (BLANK)

Between

(BLANK) Claimant
and
(BLANK) Defendant

Certificate of Money Provisions contained in a Judgment

for Registration under Schedule 6 to the Civil

Jurisdiction and Judgments Act 1982

I, (LEAVE SPACE FOR DISTRICT JUDGE'S NAME of the (WHATEVER COUNTY COURT) hereby certify

1. That (YOUR NAME AND ADDRESS) obtained judgment against (DEFENDANT'S NAME AND ADDRESS) the (BLANK) day of (MONTH YEAR) in the (WHATEVER COUNTY COURT) for payment of the sum of (AMOUNT IN FIGURES) in respect of (BRIEF NATURE OF CLAIM together with (AMOUNT IN FIGURES) for costs.
2. That the judgment carries interest at the rate of (AMOUNT IN FIGURES - USUALLY per cent per annum calculated on the judgment debt and costs from the date of judgment until payment
3. That the conditions specified in paragraphs 3(a) and (b) of Schedule 6 to the Civil Jurisdiction and Judgments Act 1982 are satisfied in relation to the judgment.
4. That enforcement of the judgment is not for the time being stayed or suspended and that the time available for its enforcement has not expired.
5. This certificate is issued under Schedule 6 to the Civil Jurisdiction and Judgments Act 1982.

Dated this (LEAVE A GAP FOR JUDGE TO HANDWRITE DATE) day of (LEAVE GAP FOR JUDGE TO HANDWRITE MONTH) 2006/7


Signed ... ... ... ... ... ... ... ... ... ...
DISTRICT JUDGE of the (WHATEVER COUNTY COURT)


Produced for registration under Schedule 6 to the Civil Jurisdiction and Judgments Act 1982 by YOUR NAME AND ADDRESS

[angeljen]

DNA (buddy added) you are my ray of sunshine!!! Thank you ever so much! Big kisses!!!

Lets get this sorted

[angeljen]

How does this look

CERTIFICATE OF MONEY PROVISIONS CONTAINED IN A

JUDGEMENT FOR REGISTRATION UNDER SCHEDULE 6 TO THE

CIVIL JURISDICTION ANS JUDGEMENTS ACT 1982

IN THE MANSFIELD COUNTY COURT

CASE NO: 6MFXXXXX

MISS JENNIFER XXXXX – CLAIMANT

AND

STYLE FINANCIAL SERVICES LIMITED – DEFENDANT

I a Proper Officer of the Mansfield County Court hereby certify:

1. That Miss Jennifer XXXXX of XX XXXXXXXXX Lane, Mansfield, Nottinghamshire XXXX XXX obtained judgement against Style Financial Services Limited of The Guild Hall, 57 Queen Street, Glasgow G1 3EN on the first day of November 2006 in the Mansfield County Court for payment of the sum of £100.00 in respect of unlawful penalty charges together with £30.00 for costs and in addition interest of £8.04 to the date of judgement AND THAT THE AMOUNT REMAINING OUTSTANDING ON THE DATE OF THIS CERTIFICATE IS £138.04.


2. That the judgement carries interest at the rate of 8 per cent per annum calculated on the judgement debt and costs from the date of judgement until payment.


3. That the conditions specified in Paragraph 3(a) and (b) of Schedule 6 to the Civil Jurisdiction and Judgements Act 1982 are satisfied in relation to the judgement.


4. The enforcement of the judgement is not for the time being stayed or suspended and that the time available for it’s enforcement has not expired.


5. This certificate is issued under Schedule 6 to the Civil Jurisdiction and Judgements Act 1982.



DATED THIS DAY OF 2006




SIGNED: …………………………………………………… …

A PROPER OFFICER OF

THE MANSFIELD COUNTY COURT


Produced for registration under Schedule 6 to the Civil Jurisdiction and Judgements Act 1982 by the Claimant

(Scotland)

[goforit]

I think your gonna be costing yourself a lot of money by trying to transfer the judgement to Scotland. One initial problem is that all papers which require to be served formally (excludi,ng SCOTTISH small claims actions <£750.00) and ALL dilligence (the Scottish word for selling a debtor's goods, freezing their assets, etc) has to be carried out by a Sheriff Officer.

Sheriff Officers are private businesses, whose fees are payable upfront - not like in England where the debtor is directly liable to the Bailiff for fees (only if the Bailiff collects payment). IF you get to the point of attaching goods you will be out several hundred pound.

I am unsure about business debts, however, where the debtor is a consumer you can't just tell a Sheriff Officer to march in and take away someone's possessions, like in England. You need to obtain a specific order (called an Exceptional Attachment Order); to obtain this you have to show you have attempted other methods of dillegence (i.e. arresting their moveable assets, contacting them, etc) and that this is your only option left. Additionally before you can do any of this you need to have the debtor personally served, by the Sheriff Officer, with a Charging Order (an official notice telling them to pay the decree/judgement against them).

Additionally, if you get to the stage of recall of judgement I am unsure if you will be able to reclaim all your outlays (seperate jurisdictions) and can imagine there being an unnecessarily complex cross-border dual-court litigation issue.

If I were I would contact the court and, politely, insist that they Serve Warrant of Execution on the English address of the Defendant

OR

contact their "Civil Rules Teams" or a judge for guidance.

I really believe this is your best option as transferring the case out of the jurisdiction isn't particularly efficient.

Keep us posted.

[goforit]

Act of Sederunt (Fees of Sheriff Officers) 2005

Remember to add VAT of 17.5% (I don't know if you can reclaim this as one Sheriff Officer's clerk said not - but always worth a shot to try).

Summary Cause: £1500.00 or under
Ordinary Cause: Over £1500.00

HTH

[DNA]

Looks OK to me, Jen.

IMHO I'm not sure about the VAT point, you cannot add VAT if you are not VAT registered - I may be wrong so seek advice.

As for transfer out of the jurisdiction, it's not a transfer - it's just an enforcement of the Judgment entered in England/Wales - does not require separate proceedings or to go via a Court - you just instruct the local Sheriff (details as per my previous posts) - if they require you to pay fees in advance, so be it - my guess is that they are recoverable by being added to the Judgment debt.

Also not sure regarding the bit about enforcing a Judgment in England/Wales at a principal office of the company - it may be possible but you would need guidance from Court.

From personal experience, we've never had a problem enforcing debts "North of the Border" before using this method.

[angeljen]

Well, if I have to save up, at least I will get it all back in the long run and get that default off my credit record. (The default is my goal - got declined for another basic bank account today!)