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    • I am a University Student looking to rent accommodation along with three other Students We found a four bedroomed flat and called the Letting Agent to say we were very interested We had a viewing and raised some questions We wanted to check if there was a break clause in the Lease The Letting Agent said we would need to pay a Holding Deposit whilst he waited for the Landlady to return from Holiday So we paid £750 split between the four of us to the Letting Agent We then received an email to say the Holding Deposit was non refundable References were then checked and the tenancy Agreement arrived which needed to be signed by each guarantor and tenant and send back the full signed agreement At this point we got to see the Tenancy Agreement for the first time and the break clause of 6 months was nowhere to be seen so this made us very nervous and we decided to pull out as we felt we didn’t want the risk of not being allowed to leave the property until a full year was up We emailed the Letting Agent who replied with the following: The holding deposit is not refundable as you are withdrawing from this deal. I will need a confirmation from Everyone that they are withdrawing and we will put the property back on the market.   The move in date is on the 4th Sept and the landlady is left with a very short time to find another tenant.    This will incur a lot of extra cost from both us as an agency and the landlady which we will try to recover. So, my question is are we eligible to get a refund of our Holding Deposit – bearing in mind we were not told we wouldn’t get it back until after we had paid it?
    • As for the rest @BankFodder please wait for my bullet points account and further uploads (I'm in the process of converting a lot of my files and screenshots to more condensed pdf thanks to reading one of your posts how to do this for free...but, it's taking time as I also have artritis in practically every bone in my body, as well as fibromyalgia and chronic fatigue, which affects my hands, and I have a lot of redacting to do).   I appreciate your trying to get an angle on this and your keen to help me in the best you can but, if I keep getting sidetracked like this, it will be counterproductive and frustrating for both/all of us.   On my #13 I gave a link to your skeleton argument pdf because, I'd carefully researched the posts for days before joining (as well as looking at posts over the last 5 years), which btw needs a bit more redaction on p6 as it's showing [her] name. That could be my case to a 'T' except add in the years back to 2006/2007, particularly since I went on their computer system and was 'treated' to their 1st system migration, and all the others that have followed. Not sure about this person's status but, for me you can also add in the fact that they've: continually failed to put me on their PSR; lost my password more than once (the one call I managed to recall was December 2016 when he openely admitted he couldn't find a trace of my being on a password scheme and they now have two whenever the meter reader arrives...and yes, I've done an SAR to the distributor already because they've failed to keep them informed of my status, that's all in hand); continually ignored my medical status of being disabled and unable to read my own meter (I've repeatedly told them about this, btw) due to not only bone-on-bone arthritis in my right knee (diagnosed 2011) but also a crumbling spine (extensive arthrits) with a prolapsed disc and extensive nerve damage (eventually diagnosed 2014), which leaves me at risk of developing corda equina; continually ignored my vulnerability status; and excarrebated my MH/PTSD over the years with their continuing bullying and threats.        
    • Hi Everyone. With the deadline for claiming PPI coming up I thought I better make one last attempt. Couple of quick questions though.. 1. I tried claiming with RBS about 5 years ago and they rejected my claim. Is there any point trying again? 2. I was going to use a company as I'm getting bombarded with "last chance" emails, but I probably don't want to do that as I've always done my own thing. That said, if I make my "Find out if you had PPI" enquiry online, does that mean I'm in before the deadline, or do I actually have to make a complaint before the 29th Aug?   Many thanks for any advice/ help
    • Har dee har har! Thanks! Im 3k apart . I need help so they drop the 3 k. But you got that! kr escaped!
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Dunvegan

Dealing with debt in Scotland

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As an individual of mature years residing north of Hadrian’s Wall my first and only contact with the Scottish courts relates to debt and the Scottish System.

 

Having initially faced the daunting prospect of being part of the court system and as a newbie to the Forum then I thought that it might be useful to post this thread so that others would not need to duplicate my research.

 

My first suggestion is that you have a look at the Shelter advice site which comfortably walks you through the court system

 

http://scotland.shelter.org.uk/advice/advice-4902.cfm

 

Another very helpful site worth looking at is the Govan Community Law centre:

 

Govan Community Law Centre, Glasgow, Scotland | Free legal resources

 

There are 2 main statutes dealing with this subject and these are:

 

The Debtors (Scotland) Act 1987

 

The Debtors (Scotland) Act 1987 was introduced in November 1988 following a report on diligence and debtor protection by the Scottish Law Commission. The report was concerned with reforming diligences commonly used to enforce payment of debts and to remove some of the harsher aspects and social stigma attached to summary warrant action as it existed previously. The resulting Act brought radical changes to the way diligence could be used to recover outstanding debts including tax debts.

 

 

Debt Arrangement and Attachment (Scotland) Act 2002

 

The Debt Arrangement and Attachment (Scotland) Act 2002 introduced two new diligences:

“Attachment/exceptional attachment” in relation to moveable property owned by a debtor

“Debt arrangement scheme” under which individuals could arrange for their debts to be paid under payment programmes.

 

Types of Claims – Sheriff Courts

1. Small claims action.

 

Claims not exceeding £750

It's a simplified court procedure that is quick and easy to use.

2. Summary cause actions

 

Summary cause procedure deals with claims over £750 and up to £1,500.

 

3. Ordinary cause actions

 

Deals with claims that are over £1500.

Also cases that involve complicated civil law. i.e. legal interpretation or judgement

If a case is too complicated for the sheriff court, or if a claim for a lot of money is involved, it'll go to the Court of Session.

 

 

Sheriff officer

Is an officer of the Scottish Sheriff Court, responsible for serving documents and enforcing court orders.

(Nearest English equivalent although vastly different is a bailiff)

 

The jurisdiction of a sheriff officer is limited to the area of their commission (the relevant sheriffdom or Sheriff Court district), unlike messengers-at-arms (the equivalent officers of the Court of Session, who have jurisdiction throughout Scotland).

Both messengers-at-arms and sheriff officers are employed by private businesses or individuals and charge fees that are set by statute.

 

 

 

Summary Warrant: Explanation of the more common terms used

 

The following details some of the more frequently used terms you will encounter in your dealings with the court when summary warrant action is taken against you...

 

Action of furthcoming – a final stage of diligence for whatever has been subject to arrestment being made over to the pursuer. For example, when a bank account has been arrested and attempts to obtain a mandate from the defender to release the arrested funds have proved unsuccessful, this final stage of the diligence allows for the appropriate amount of funds caught in the arrestment being transferred to the pursuer.

 

Arrestment – is the form of diligence whereby a creditor ensures that money (bank accounts) and moveable effects of the debtor (e.g. an insurance policy) that are in the hands of a third party are not made over to the debtor until the debt is paid.

The arresting creditor is known as “the arrestor”, the third party as “the arrestee” and the debtor as “the common debtor”.

Arrestments laid on wages or salaries etc due to the debtor by his employer are known as earnings arrestments.

 

Attachment and auction sale – attachment is a diligence over corporeal moveable property (owned by the debtor alone or in common) for recovery of money owed by the debtor. Attachment is carried out by a sheriff officer who values the articles being attached at the price they are likely to fetch on the open market. An attachment cannot be carried out on a Sunday or on a day that is a public holiday in the area in which the attachment is to be executed or any other day as may be prescribed by Act of Sederunt.

Also it should not be commenced before 8am or continued after 8pm.

The sheriff officer must, within 14 days of the execution of the attachment, make a report of the attachment to the sheriff.

 

The debtor has 14 days from the date of the execution of the attachment to redeem the attached article. If he chooses to do so once payment of the redeemed article has been received from him, the attachment ceases to have effect.

 

If no redemption of the attached goods is requested then the sheriff officer (once he has sent the report of attachment to the sheriff) can make arrangements for the auction of the attached articles.

 

Certificate/Warrant of Intimation – A notice given to all interested parties of a step taken or to be taken in the action.

 

Defender – this is the person against whom the pursuer raises the action in court.

 

Diligence – this is the term used to describe the form of legal procedure which enables the creditor (pursuer) to recover payment from the debtor (defender).

 

Pursuer – this is the person raising the action in the court.

 

Redemption – this is the means by which the debtor redeems the attached article – He has 14 days from the date of the execution of the attachment in which to do this.

 

Summary warrant – a legal document signed by a sheriff allowing recovery of unpaid debts etc by attachment and sale, arrestment or arrestment of earnings.

The pursuer or his legal agent must apply to the court for such authority, certifying that previous demand for payment has been made and that the amount due remains unpaid at the date of their application.

If satisfied that the petition for warrant is in order the sheriff will sign it granting his authority to recover the debt by the following methods

  • attachment and sale
  • arrestment
  • Earnings arrestment.

------------------------------------------------------------------------

 

Please note that I am a newbie and that this info may well already exist somewhere on the site.

If this is the case then my apologies and I am certain that the Moderators/site helpers will point me in the correct direction and possibly remove this thread...

Any help, advice or constructive criticism is more than welcome. Either here or in a PM.

If it is of any use then I am happy to add to as my experience grows.

 

“Steal written work from anyone and its called plagiarism. Steal from many people and its called research.”

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Please note.

 

After posting the above, I then discovered that there is a whole forest of Scottish information under General, Scotland.

Too busy looking for a particular tree.

Genuine apologies.

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