caselaw@glc









 

Cedar Holdings Limited v. Begum (A2055/94A)

Sheriff McIver, Glasgow Sheriff Court, 30 August 2002

Circumstances: The defender had a loan secured over her house, with balance due of almost £8,000.  The pursuer had obtained decree in 1994 for possession (for ejection and to exercise all powers competent to a creditor in lawful possession of security subjects - GLC note: by avoiding a crave for payment etc., the pursuer is able to keep adding commercial rate interest as against the much lower judicial rate, which would be applied if the debt had been calculated and sought as a payment crave).

Pursuers sought £100 payment per month.  Contactual payments were £129 per month. The defender was in receipt of income support with social fund loan deduction reducing same to a very small sum.  All she could possibly afford was £50 per month - whereas once social fund deductions ended, there would be the possibility of paying more.  In the circumstances the court agreed it was just and reasonable to grant a section 129 time order, and noted that the matter should be reviewed in eight months time.

Sheriff McIver accepted that the court could grant an order and continue same to eight months hence for a 'review of circumstances' upon the basis section 129 conferred a wide discretion on the court to grant an order subject to such conditions as the court thought just and reasonable having regard to the means of the debtor.  Reference was made to Murie McDougall Ltd v. Sinclair 1994 SLT (Sh Ct) 74 whereby Sheriff Fitzsimons held that the court had a wide discretionary power under s.129.

 
Act - Miller Samuel Solicitors, Glasgow
Alt - Dailly, Govan Law Centre, Glasgow