FIRSTPLUS FINANCIAL GROUP PLC v. MR KHALID PERVEZ [2013] ScotSC 27 (22 March 2013)

FIRSTPLUS FINANCIAL GROUP PLC v. MR KHALID PERVEZ [2013] ScotSC 27 (22 March 2013)

The pursuer failed to comply with the mandatory statutory requirement to provide pre-action information as soon as reasonably practicable upon the debtor entering into default, as the information was provided before default occurred. The action is therefore incompetent and must be dismissed.

Citation
[2013] ScotSC 27
Parties
Pursuer: Firstplus Financial Group PLC; Defender: Mr Khalid Pervez
Jurisdiction
Scotland
Judgment Date
22 March 2013
Procedural Posture
Summary Application / Debate on Defender's First Plea in Law, No Evidence Heard
Outcome
action dismissed
Legal Topics
Standard Securities, Repossession, Pre Action Requirements, Statutory Interpretation, Heritable Securities
Property Law Civil Procedure Standard Securities Repossession Pre Action Requirements Statutory Interpretation Heritable Securities

Case Brief

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Parties

Firstplus Financial Group PLC

Pursuer

Mr Khalid Pervez

Defender

Procedural Posture

Summary Application / Debate on Defender's First Plea in Law, No Evidence Heard

Legal Issues

  1. 1 Whether the pursuer complied with statutory pre-action requirements under the Applications by Creditors (Pre-Action Requirements) (Scotland) Order 2010 (PAR Order 2010)
  2. 2 Proper timing and meaning of 'default' for provision of pre-action information under the Conveyancing and Feudal Reform (Scotland) Act 1970 and the Heritable Securities (Scotland) Act 1894
  3. 3 Competency of the action in light of compliance with statutory requirements

Ratio Decidendi

The pursuer failed to comply with the mandatory statutory requirement to provide pre-action information as soon as reasonably practicable upon the debtor entering into default, as the information was provided before default occurred. The action is therefore incompetent and must be dismissed.

Court Disposition

action dismissed

Orders

  • sustains the first plea-in-law for the defender
  • repels the pursuer's pleas