Charge for Payment of Money-Arrow Global Ltd/Shoosmiths

[beetle1234]

Can anyone help me with this one urgently please ?

 

I received a Charge for Payment of Money posted through my letterbox

by Glasgow based Sheriff Officers (Hannah's) on 4th July.

 

It states I have 14 days to pay or I face wages arrestment or attachment

and auction of articles belonging to me.

 

This was a small claims action and subsequent decree extracted on 29th May 2014.

Total charge inc expenses etc is £1035.60

 

I do not have the money to settle this matter with them.

 

..can I go back to Sheriff Court and make an offer to pay in instalments ?

 

What is the procedure for doing so ?

 

it is a number of years since my last major issue with dealing with this kind of thing

but I do remember just how valuable this forum can be in assisting with advice and knowledge.

 

Thanks everyone in advance !

[beetle1234]

Hi all...can anyone help with this one ? Thanks

[dx100uk]

so you did not contest the original case?

 

dx

[Crocdoc]

What is a time to pay orderAdd reference

 

 

 

14 Time to pay orders are provided for by the Debtor's (Scotland) Act 1987. They can be applied for in the following circumstances of a debt being enforced:-

• a charge for payment has been served on the applicant
  
• an arrestment has been carried out
  
• an attachment has been carried out on the instructions of the creditor
  
• an action for adjudication of the debt has been commenced.
  

More about types of diligence and enforcing payment of debt

 

 

15 Time to pay orders can only be applied for by individuals. They are not available for debts over £25,000 or for those relating to:-

• awards in connection with divorce actions
  
• maintenance orders
  
• income tax, VAT or car tax.
  

16 A time to pay order cannot be applied for if the debt has previously been subject to a 'time to pay direction' which has not been complied with,

or if the legal action is at an advanced stage of enforcement.

 

The debtor can however apply for a time to pay order if a time to pay direction has previously been applied for but not granted.

 

 

How to apply for a time to pay order

 

17 The application form for a time to pay order can be obtained from the sheriff clerk's office at the local court

18 The form has insufficient space for income and expenditure details and it is advisable to attach a more detailed financial statement. The debtor will need to know the court reference number, the date the decree (or summary warrant for council tax) was granted and the sum outstanding. All of these details will be on the charge for payment which must be served on the client before most methods of enforcement can be employed.

19 The completed form must be returned to the sheriff clerk and it is advisable to send copies to both the creditor and their solicitor.

20 The debtor should start repayments at the proposed rate immediately. If there is a court hearing on the application this will increase her/his chances of success.

21 When the sheriff receives the application s/he will check that it is satisfactory and if it is, will make an interim order which prevents the creditor carrying out any further enforcement before the application is heard in court. A copy of this interim order will be sent to both parties.

22 If the creditor does not object to the repayment proposal, the sheriff will make a time to pay order in the terms of the debtor's application 14 days after the date of service of the application.

23 If the creditor objects to the application within 14 days, the debtor will receive a copy of the objections and any counter-proposals which the creditor may make. If the debtor agrees with the counter-proposals s/he should tell the sheriff clerk in writing. The sheriff will then make a time to pay order in terms of the counter-proposal.

 

 

24 If the debtor and creditor do not agree about the repayment proposal, there will be a court hearing at which the sheriff hears both parties. A lay adviser can represent the debtor as long as the sheriff considers the person is suitable. The sheriff either:-

• grants a time to pay order; or
  
• refuses to grant one, in which case the interim order stopping enforcement is cancelled.
  

25 The sheriff clerk sends the decision in writing to both parties. If the application is not granted and the debtor does not pay the debt immediately, the creditor can enforce the debt.

 

If this fails you could also consider DAS as this will block any enforcement action.

Edited July 9, 2014 by dx100uk
removed link as it needs a log in - dx

[beetle1234]

What is a time to pay orderAdd reference

 

 

 

14 Time to pay orders are provided for by the Debtor's (Scotland) Act 1987. They can be applied for in the following circumstances of a debt being enforced:-

• a charge for payment has been served on the applicant
  
• an arrestment has been carried out
  
• an attachment has been carried out on the instructions of the creditor
  
• an action for adjudication of the debt has been commenced.
  

More about types of diligence and enforcing payment of debt

 

 

15 Time to pay orders can only be applied for by individuals. They are not available for debts over £25,000 or for those relating to:-

• awards in connection with divorce actions
  
• maintenance orders
  
• income tax, VAT or car tax.
  

16 A time to pay order cannot be applied for if the debt has previously been subject to a 'time to pay direction' which has not been complied with,

or if the legal action is at an advanced stage of enforcement.

 

The debtor can however apply for a time to pay order if a time to pay direction has previously been applied for but not granted.

 

 

How to apply for a time to pay order

 

17 The application form for a time to pay order can be obtained from the sheriff clerk's office at the local court

18 The form has insufficient space for income and expenditure details and it is advisable to attach a more detailed financial statement. The debtor will need to know the court reference number, the date the decree (or summary warrant for council tax) was granted and the sum outstanding. All of these details will be on the charge for payment which must be served on the client before most methods of enforcement can be employed.

19 The completed form must be returned to the sheriff clerk and it is advisable to send copies to both the creditor and their solicitor.

20 The debtor should start repayments at the proposed rate immediately. If there is a court hearing on the application this will increase her/his chances of success.

21 When the sheriff receives the application s/he will check that it is satisfactory and if it is, will make an interim order which prevents the creditor carrying out any further enforcement before the application is heard in court. A copy of this interim order will be sent to both parties.

22 If the creditor does not object to the repayment proposal, the sheriff will make a time to pay order in the terms of the debtor's application 14 days after the date of service of the application.

23 If the creditor objects to the application within 14 days, the debtor will receive a copy of the objections and any counter-proposals which the creditor may make. If the debtor agrees with the counter-proposals s/he should tell the sheriff clerk in writing. The sheriff will then make a time to pay order in terms of the counter-proposal.

 

 

24 If the debtor and creditor do not agree about the repayment proposal, there will be a court hearing at which the sheriff hears both parties. A lay adviser can represent the debtor as long as the sheriff considers the person is suitable. The sheriff either:-

• grants a time to pay order; or
  
• refuses to grant one, in which case the interim order stopping enforcement is cancelled.
  

25 The sheriff clerk sends the decision in writing to both parties. If the application is not granted and the debtor does not pay the debt immediately, the creditor can enforce the debt.

 

If this fails you could also consider DAS as this will block any enforcement action.

 

Thanks Crocdoc....this is really helpful.I am likely going to go down the DAS route as this debt is likely to be the first of several and I do need to consider the bigger picture long term or I will just continue treading water regarding things and waiting on another knock on the door ! Thank you very much for your assistance...I appreciate it.

[beetle1234]

so you did not contest the original case?

 

dx

 

No ...

previously I would have fought EVERYTHING but think the stuffing has been knocked out of me !

 

Now at the crossroads where sequestration or similar looks most likely if I am ever to move on from these historical debts.

 

Have lived for 2/3 years modestly and within our means without any credit cards etc..

..wish I had thought more about the long term implications years ago !

 

Oh well.....harsh lessons learned and all that .....no one died !!!!

 

Thanks for your reply.