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Asset Recovery

Defending a decree

Having obtained a decree for repossession of a property our lender clients instructed us to take possession. Later the borrowers sought to challenge this, even though the rules normally preclude challenges after an eviction has taken place. After various procedural stages a proof took place at the sheriff court. The sheriff officers who handled the repossession gave evidence and we also cross examined the borrowers. After legal argument the sheriff rejected the borrowers’ case and ruled in favour of our clients. This allowed the creditors to go ahead and sell the property to recover the debt which was due.

Going the distance

A decree for repossession was granted a number of years ago but never enforced. The borrower later had it set aside and the case proceeded as a defended action. Two different firms of solicitors acting for the customer withdrew from his case. The court continued to give the customer a considerable amount of latitude as party litigant. We were able to have a proof fixed to determine the case. The customer sought again to have matters delayed arguing that he was about to sell the property. By dealing firmly but fairly with these allegations we were able to persuade the court to grant decree to our clients once again while giving the borrower a short window of opportunity to attempt to sell.

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