Debtors (Scotland) Act 1987

£6.95
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Debtors (Scotland) Act 1987

Debtors (Scotland) Act 1987

RRP: £13.90
Price: £6.95
£6.95 FREE Shipping

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a) in the case of a direction under subsection (1)(a) above, before the date when the last instalment of the debt concerned (other than such interest) is payable under the direction; B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— I EXTENSION OF TIME TO PAY DEBTS A creditor who wishes to recover interest to which subsection (6) above applies shall serve a notice on the debtor, not later than the date prescribed by Act of Sederunt occurring—

b) where the decree contains an award of a capital sum on divorce or on the granting of a declarator of nullity of marriage; The clerk of court or sheriff clerk shall as soon as is reasonably practicable intimate a variation under subsection (1) above to the debtor and to the creditor, and the variation shall come into effect on the date of such intimation. Amended by

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Without prejudice to section 2(5) of this Act, interest payable under a decree containing a time to pay direction (other than interest awarded as a specific sum in the decree) shall not be recoverable by the creditor except in accordance with subsection (7) below. b) if an arrestment in respect of the debt concerned is in effect, recall or restrict the arrestment.

The court which granted a decree containing a time to pay direction may, on an application by the debtor or the creditor— a) by such instalments, commencing at such time after the date of intimation by the creditor to the debtor of an extract of the decree containing the direction, payable at such intervals; or Property affected by inhibition on dependence: Where the court grants warrant for diligence by inhibition on the dependence— but, while the direction is in effect, it shall not be competent to commence an action of furthcoming or sale following on such an arrestment. the debt in so far as it remains outstanding and interest thereon, whether or not awarded as a specific sum in the decree, shall, subject to any enactment or rule of law to the contrary, become enforceable by any diligence mentioned in subsection (1)(b) above. Section cited in: one Law or Regulation Amended byb) in the case of a direction under subsection (1)(b) above, before the end of the period specified in the direction, If, on the day on which an instalment payable under a time to pay direction becomes due, there remains unpaid a sum, due under previous instalments, of not less than the aggregate of 2 instalments, the direction shall cease to have effect. Any sum paid by a debtor under a time to pay direction shall not be ascribed to interest claimed in pursuance of subsections (6) and (7) above until the debt concerned (other than such interest) has been discharged. Section cited in: 5 cases, 11 Laws or Regulations Amended by



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