Sharon McDougall - Updated - 2nd May 2024 - 2 minutes to read
If you owe a debt of £5,000 or less, your creditor may send you a Simple Procedure Notice of Claim. This is a relatively new procedure that was brought in by the Scottish government and commenced on 28th November 2016 – their intention being to make it easier to resolve debt disputes.
So if you’ve received a notice of claim, what do you do now?
You should have received a number of other forms, along with the notice of claim. These can include a copy of the claim form completed by your creditor, a timetable, a Time to Pay application, and a blank Response Form.
Initially, you need to make sure all the documents are included, and then read through the information to find out who is making the claim and the amount of debt they say you owe them. In particular, it’s important to take careful note of the date by which your response should be made.
Get a rough indication of what your repayments might be under each of our different debt solutions.
What options do you have?
You have three options to act before the final response date:
You need to let the court know that you agree the claim, and will settle before the final response date.
You can complete the Time to Pay application and return it with the Response Form. It’s also possible to hand the application to a court officer during a hearing, a case management discussion, or even after a decision on the debt has been made.
If you dispute the debt, the court can order one of the following:
If you don’t return the Response Form the court is likely to act in favour of your creditor, demanding the payment in full with additional interest and expenses.
It’s important to include as much information as possible about the debt and your financial situation if you do respond, so the court can make a decision based on their understanding of the facts.
If you make a Time to Pay application, the claimant must respond within two weeks. If they object, a court hearing will be arranged where you or a representative can present your case.
The court will then make a decision on whether your application for extra time to pay the debt will be granted.
It’s advisable to seek professional assistance if you’ve received a Simple Procedure Notice of Claim. This ensures you take action appropriate to your circumstances, and benefit from a better understanding of your options.
Scotland Debt Solutions has extensive experience of court process in Scotland, and can help you deal with a Simple Procedure Notice of Claim. Call one of our experts to arrange a free same-day meeting at one of five offices around Scotland.
Sharon McDougall
Manager
Clearpay lets you spread the cost of your purchase through 4 instalments, due every 2 weeks. The payment option is available online, through the Clearpay app, and you can also use a digital payment ca...
Buy now, pay later (BNPL) services are gaining popularity due to their easy access and flexible repayment options. BNPL is highly appealing as it lets you spread the cost of a purchase, rather than ma...
We all want to save on our household bills and have more money in our pocket for the fun things in life. While bills are an unavoidable fact of life, here are some ways you can help to reduce them:
About
Why Choose Us
Speak Direct With
A Qualified Adviser
We Don't Operate
Call Centres
5 Offices in Scotland
National Coverage
Ask us About
Home Visits
Fully Regulated Advisors
From a Reputable Firm
Helping Scots Get
Out of Debt Since 1989
We'll give you a call
Our Scottish based team can help advise you on your debt problems.
Tools
Useful Tools
Our personalised debt report will help you better understand your financial position and see where your money is going.
Arrange a call with an expert advisor at a time to suit you or contact our team via WhatsApp for immediate help and advice.
We have five offices located across Scotland. Find your nearest one here.
OUR SERVICES
We can help you with...
Sequestration is the Scottish version of bankruptcy and may be suitable for you if you do not have the money to pay back your debts
Find out MoreA Trust Deed involves making a monthly contribution to your debts for up to four years. After this time any remaining debt included in the Trust Deed will not need to be paid.
Find out MoreA Debt Arrangement Scheme (DAS) lets you pay off your debt through a series of manageable instalments over a reasonable length of time.
Find out MoreWhether you are a sole trader or a limited company director, we can help you work through your current financial problems including money owed to HMRC
Business DebtsOur Insolvency Practitioners are regulated by ICAS or the IPA and our firm is authorised and regulated by the Financial Conduct Authority
Fees and Information: There are fees associated with our services. These will be fully explained before entering into any of the personal debt solutions referred to on this website. Full details of our fees and how these are charged are fully explained to you prior to you committing to any particular service.