Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder CHRISJVC1 Novitiate

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    Default Form of charge for payment on money Help please

    I have been served with a "Form of charge for payment of money" from Scott and co for £600 for parking tickets.

    It says"If you do not pay this sum within 14 days you are liable to have further action taken against you including arrestment of your earnings and the attachment and auctionicon of articles belonging to you"

    Has this already been to court? Do i have to pay or will they accept a payment plan?

    I dont know if this is a court form or just their scare tactics, any help/advice would be appreciated.

    The envelope they delivered it in said "this envelope contains a citation to or intimation from aberdeen sherriff court"

    thankyou.


  2. #2
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    Default Re: Form of charge for payment on money Help please

    Hi,

    Did the Form of charge for payment include the wording.......

    On (date) a decree against you was granted in the Court of Session for payment of a sum of money in the above action [or give details of other document upon which charge proceeds such as a document registered for execution in the Books of Council and Session].

    The decree [or warrant for execution of the document mentioned above] was extracted on (date).


    You can only use diligence after a decree or summary warrant has been obtained.

    The serving of a charge for payment is now a requirement under The Bankruptcy and Diligence etc (Scotland) Act 2007 before carrying out any diligence e.g. an earnings arrestment.

    I'm sure applications for formal time to pay are competent in respect of debts due to local authorities.

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  3. #3
    Basic Account Holder CHRISJVC1 Novitiate

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    Default Re: Form of charge for payment on money Help please

    Hi thanks for reply and no it doesnt say that, but it does say this:

    On the dates specified in the schedule overleaf Penalty charge certificates were issued to you by Aberdeen City Council under and in terms of schedules 3 and 6 of the road traffic act 1991 as amended which authorised recovery of the penalty charges, in respect of which the total balce outstanding is £xxx.xx

    I xxxxxxxx xxxxxxxxx xxxxxxxxx x xxxxxxxxx xxxxx sheriff officer, by virtue of the said penalty charge certificates, charge you to pay the total sum due as set out below within 14 days after the date of this charge to scott and co, sheriff officers, xx xxxxxx xxxxxx.

    If you do not pay this sum within 14 days you are liable to have further action taken against you including arrestment of your earnings and the attachment and auction of articles belonging to you" You are also liable to be sequastrated.

    This charger is served on you today by me x leaving it for you.


  4. #4
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    Default Re: Form of charge for payment on money Help please

    Hi,

    I think you need to find out if you have a decree against you, I would telephone the Sheriff Court tomorrow and ask, if you do you can apply for a Time to pay order

    http://www.consumeractiongroup.co.uk...ummary-warrant

    Any advice I give is honest and in good faith.
    If in doubt, you should seek the opinion of a Qualified Professional.

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  5. #5
    Basic Account Holder Joemcm35 Novitiate

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    Default Re: Form of charge for payment on money Help please

    Local councils have the authority to issue penalty charges and the level of penalty charges are regulated by The Road Traffic Act 1991 (schedules 3 and 6).

    If the fine is not paid the council can enforce payment without going to court. The charge certificate is equivalent to sheriff court extract decree (court order).

    The council can then use sheriff officers to arrest the individual’s bank account or serve a charge for payment giving the debtor 14 days to pay the debt following which they can do the following after the charge has expired:
    • issue an earnings arrestment his earning
    • attach property outside the dwelling house including the car (in accordance with articles exempt from attachment)
    • if the aforementioned actions is unsuccessful then the council can apply to the sheriff court for an exceptional attachment order to attach items within the dwelling house.




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