Defending an action for debt Scotland

If a debtor contests or provides a defence against a debt recovery claim, said claim is deemed non-performing and must be managed by our Dispute Resolution team. Under such conditions, our standard hourly rates would be applicable. Consequently, the expense would be ascertained based on the duration required to address the issue and the corresponding hourly rates.

Claims for debts that are contested or defended against typically stem from factual disputes, frequently concerning the “quality” of the services or products rendered to the debtor. They are frequently quite complicated and may necessitate the testimony of an expert or the assistance of a lawyer. A counterclaim, which a debtor asserts as a “setoff” to the debt being claimed, is frequently incorporated. A defended or contested debt claim undergoes a significantly more intricate and costly legal procedure to ascertain its result; should the need arise, we would be happy to discuss this with you in the event that the claim was to be removed from the debt recovery category.

Based on past experience, it has been observed that in the vast majority of court proceedings initiated against debtors, a judgment is rendered in the absence of a defence lodged. Nevertheless, a minority of the debtors will present a defence.

As soon as a defence has been filed, we will conduct a strength analysis and provide you with an estimate of the probable costs. We will then provide you with an assessment of the likelihood that the defence and your claim will be successful.

In the event that a defence fails to demonstrate a tangible likelihood of success, an application for summary judgment may be submitted to the court. This process guarantees that defences lacking substantive likelihood of success do not cause undue delays in the acquisition of judgment. Our Debt Recovery Department may, when applicable, file an application for summary judgment on your behalf.