SANTANDER CONSUMER UK PLC v ALAN CREIGHTON AND SANTANDER CONSUMER UK PLC v WILLIAM SIMPSON [2019] ScotSAC Civ 36 (06 November 2019)

SANTANDER CONSUMER UK PLC v ALAN CREIGHTON AND SANTANDER CONSUMER UK PLC v WILLIAM SIMPSON [2019] ScotSAC Civ 36 (06 November 2019)

The court held that the sheriff did not err in granting time to pay directions and that the orders for summary diligence were competent under the Debtors (Scotland) Act 1987.

Citation
[2019] ScotSAC Civ 36
Parties
Appellant: Santander Consumer UK PLC; Respondent: Alan Creighton; Respondent: William Simpson
Jurisdiction
Scotland
Judgment Date
06 November 2019
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal refused
Legal Topics
Summary Diligence, Time to Pay Directions, Enforcement of Court Orders
Civil Procedure Consumer Law Summary Diligence Time to Pay Directions Enforcement of Court Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Santander Consumer UK PLC

Appellant

Alan Creighton

Respondent

William Simpson

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the sheriff erred in granting time to pay directions under the Debtors (Scotland) Act 1987
  2. 2 Whether the orders for summary diligence were competent

Ratio Decidendi

The court held that the sheriff did not err in granting time to pay directions and that the orders for summary diligence were competent under the Debtors (Scotland) Act 1987.

Court Disposition

appeal refused

Orders

  • The appeal is refused.
  • The sheriff's orders are affirmed.