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Contents

Official guidance
Debt Management and Banking Manual

DMBM680210 · Ordinary Cause: Preparing for OC action

  • DMBM680220 · Ordinary Cause: Receiving cases for ordinary cause action
  • DMBM680230 · Ordinary Cause: Existing or ceased partnerships - considerations before ordinary cause action
  • DMBM680240 · Ordinary Cause: Section 86 and 87 interest - what to include in your claim
  • DMBM680250 · Ordinary Cause: Interest in proceedings for PAYE/NIC
  • DMBM680260 · Ordinary Cause: Section 86 and 87 interest - interest omitted in error from the sum claimed in the proceedings
  • DMBM680270 · Ordinary Cause: Section 86 and 87 interest - interest bearing charge withdrawn prior to obtaining decree
  • DMBM680280 · Ordinary Cause: Stages of taking an ordinary cause action
  • DMBM680290 · Ordinary Cause: Preparing the initial writ: General
  • DMBM680300 · Ordinary Cause: Preparing the initial writ - entering the defender's details
  • DMBM680310 · Ordinary Cause: Preparing the initial writ - the crave, condescendence and pleas in law
  • DMBM680320 · Ordinary Cause: Checking the Initial Writ
  • DMBM680330 · Ordinary Cause: Amending the Initial Writ
  • DMBM680340 · Ordinary Cause: Application for warrant to cite by means of a newspaper advertisement
  • DMBM680350 · Ordinary Cause: Application for warrant to cite by means of a notice displayed on the walls of the court
  1. Ordinary Cause: Preparing for OC action: Contents
  2. Ordinary Cause: Preparing the initial writ: General

DMBM680290 | Ordinary Cause: Preparing the initial writ: General

From HM Revenue & Customs · Debt Management and Banking Manual

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General

It is essential that the information contained in the initial writ is both factual and accurate and clearly identifies the defenders.

It must state

  • the total liability for which decree is sought

  • outline how the liability arose

  • whether or not there was an appeal/application for postponement and

  • if there was, how it was determined.

It should

  • detail any interest sought and also

  • request payment from the defender for the expenses incurred by the pursuer in taking the action.

Title of sheriffdom and name of town

On page 1 enter

  • the correct title of the sheriffdom in which the action will be raised

  • the name of the town in which the court is situated.

Pursuer’s details

On the right hand side of page 1 at “pursuer” enter the

  • full name of the officer (debt manager or above) who will conduct the proceedings

  • description “Officer of Revenue and Customs ” and then

  • the office address.

Postcode

If a postcode is included as part of the address you must ensure that the postcode is correct. If you do not, it could result in perhaps a complaint or a defence of the action.

Book of Styles

All initial writs must be prepared in keeping with those detailed in the Book of Styles disk supplied to you by Debt Management Edinburgh Group Office. Where you come across a case for which there is no corresponding entry contained within the Book of Styles you must contact Debt Management Edinburgh Group Office for instructions.

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