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Hi,

Are scottish CPR rules the same as English ones?

I have a repossession hearing coming up and would like to know how to get the case dismissed/struck out.

Thanks in advance for your help

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Are you talking rent or mortgage? Why would you like it struck out?

 

The rules are different but there *are* a few similarities. Pre-action rules for example.

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It is for a mortgage...would like it struck out as I settled it under the bills of exchange Act.

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Can you elaborate please.

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is it possible to pm you.

Just one thing, if possible let me know how to pm as i've completely forgotten!

Thanks

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We encourage to keep information on the public forums as it can often be helpful to others. I'm unable to help via PM. Also my time on CAG is currently limited so I can often go a few days without being around; another reason why public help is better - as other folks might be able to pick stuff up!

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That's fair enough.

 

I will explain the background briefly and what I am looking to achieve.

I have a property in Scotland which the bank wants to repossess due to arrears.

Two weeks ago I settled the mortgage account with a prom note as per the bills of exchange act. As per the bills of exchange act, I gave the bank three days to return the prom note if they didn't accept it as payment with a reason why. As per the same act they were also advised that if they rejected the payment, they've given up the right to ask for payments. The solicitors were copied in on the paperwork

I gave them a generous 10 days and the bank didn't respond. Then two days ago a received court papers from the sheriffs court in glasgow for possession of the property.

 

As far as I am concerned the account is now settled and there is no case to answer, hence the reason I was asking the procedure for getting the case struck out....do I enrol a motion or is there something else I need to do.

Thanks in advance for your help with this

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This is outside of my area of knowledge, I'll see if any one else in the site team might be able to help. I've heard about people going down this route only to get stung, but other than that I'm not able to help. I shall report it for you, this makes the rest of the team aware of your query.

 

Best,

 

Seq.

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Thanks for your help.

As mentioned I just need to know the procedure to follow to get case struck out.

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You really think a Bill of Exchange woo is actually going to work? I've not met anyone who has actually been able to quantify it.

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No man is bound to take a bill in payment of debt unless he has agreed to do so, so assuming that you have not had a reply saying they accept this then it is worth no more than a blank piece of paper.


Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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First im no expert.

 

After i had a look at that act, it occured to me it refers how 'acceptable' payments are defined.

 

Then i read about how Scottish notes are not legal tender even in Scotland and basically coins are legal tender and Scots law gets around that.

 

The Scottish notes issued are only promissory notes following the requirements of the act.

 

There was a Scottish council that wanted to be paid in legal tender that went to court. They lost because what they expected to be paid in higher value notes actually meant they could only accept coins upto a certain amount per transaction. Quite the reverse of what they expected. It seems from that anything that is commonly accepted as 'money' can be used.

 

It seems nowadays normal people to create enforcable loans to friends etc can use promissory notes. Its a step up from an I.O.U.

 

Does your promissory note have the same legal acceptance as say Scottish note or a bankers draft (again another promissory note) thats another matter.

 

I may sound daft but i found it interesting in finding all this out as i was really only aware of the historical use, a laird aquiring goods that was paid for using the promissory note that was then redeemed by the factor for the cash amount.

 

Sorry if this isnt of help, mainly wrote it so it may help others of the differences to other parts of the U.K.

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This is an interesting one. Any update, TheDarkNight?

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