Can I pursue this decree??

greenspun.com : LUSENET : Repossession : One Thread

I am currently fighting a shortfall with the Abbey but the query I have is in relation to a decree I secured against a builder who did some building work on the house I voluntarily gave up. This played a big part in me losing my home.

Anyway to cut a long story short, after getting the decree for 12,000 plus annual interest, I discovered that it was pointless as it turned out the builder was sequestrated (same as bankrupt)and it was pointless me trying to pursue it further. I complained to the Scottish Law Society as I thought the lawyers I used should have checked out his financial status before proceeding with action that cost over 3,000. Anyway as usual the lawyers win and we were only awarded 250 compensation from the Law Society. That was circa 1995. We threw out all the papers eventually just to try and forget it (including the copy of the decree).

Now, being chased for the shortfall with the Abbey I wondered if there would be any possibility in me pursuing this decree with this builder or is it time barred.

As you can imagine, even getting some of this money would maybe get the Abbey off my back.

Can I get a copy of the decree easily from the Sheriff Court (Scottish Law applies)?

Can anyone tell me if it would be worth my while using it to maybe get an arrestment on this guys wages (I have a current address for him)but I don't know if he is working as he lives in Glenrothes, fife and I am in Glasgow.

I wouldn't feel bad about doing this as he robbed us blind and played a big part in the financial difficulties that lead to us losing our home.

Any advice would really be appreciated.

-- hanging in there! (Anderston828@aol.com), December 28, 2002


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