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Contents

Official guidance
Debt Management and Banking Manual

DMBM675710 · Summary Proceedings (Sc): The defender & 146s response to the summons

  • DMBM675720 · Summary proceedings (Sc): The defender’s options on receipt of the summons
  • DMBM675730 · Summary proceedings (Sc): Defence, dispute or challenge lodged
  • DMBM675740 · Summary proceedings (Sc): The defender makes no response to the summons
  • DMBM675750 · Summary proceedings (Sc): Payment in full before the calling date
  • DMBM675760 · Summary proceedings (Sc): Full or part payment by cash, debit card or certified cheque on the calling date
  • DMBM675770 · Summary proceedings (Sc): Insufficient time for cheque clearance before the calling date
  • DMBM675780 · Summary proceedings (Sc): Payment by cheque on the calling date
  • DMBM675790 · Summary proceedings (Sc): Part payment made and claim not disputed
  • DMBM675800 · Summary proceedings (Sc): Part payment and also claim disputed
  • DMBM675810 · Summary proceedings (Sc): Offer to pay by instalments
  • DMBM675820 · Summary proceedings (Sc): Payments with unacceptable conditions
  1. Summary Proceedings (Sc): The defender & 146s response to the summons: Contents
  2. Summary proceedings (Sc): Offer to pay by instalments

DMBM675810 | Summary proceedings (Sc): Offer to pay by instalments

From HM Revenue & Customs · Debt Management and Banking Manual

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If the defender offers to pay by instalments before the calling date, whetheraccompanied by a partial payment or not, you should

  • speak to the defender personally and

  • advise that the court cannot grant a time to pay order for a tax debt and that you will be seeking decree for the full amount outstanding plus costs.

In considering the defender's financial circumstances, if you are satisfied thatthe debtor's offer of payment is reasonable you should

  • accept the proposals but warn that any default will result in you enforcing the decree.

You should then

  • minute the Register of Summary Causes as follows [*Payment of £.(insert amount) made. (insert date)] (*Only insert this sentence if a payment has been made.) Move for decree for sum of £ (insert sum and if a payment has been made insert the reduced sum) and expenses including sheriff officer fees of £ (insert amount of fees to date). (insert name of debt manager (officer grade or above) taking the proceedings) Pursuer. (insert date).

  • arrange for the form 1 and the Certificate of Execution of Service to be returned to the court no later than two days before the calling date.

As the defender does not wish to defend the action there is no need for you to appearin court on the calling date.

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