HELP! Appeal or repone an Ordinary Cause decree by default

[Gandalf123]

Help! How do I appeal or submit a reponing note for an ordinary cause decree by default?


Timeline:

5th Sept: Received Initial Writ or 2 credit cards, totalling c£15k. Cabot / Nolan's
7th Sept: CCA requests sent to Cabot
14th Sept: Response confirming they do not have paperwork. Requesting from original CC company. CCA request remains unfulfilled.
26th Sept: Intimated my initention to defend, and lodged defences. Paid fee over the phone. Court clerk states they will also send my defences to Cabot. I also post a paper copy.
26th Sept: Confirmation from court, with options hearing set for December.
21st Nov: Received a letter from Nolans with initimation of motion, stating 'defender has failed to lodge and intimate defences', and seeks decree by default.
21st Nov: Call Court Clerk who confirms my intenton to defend was lodged and defences were received. No further action taken.
1st Dec: Receive Interlocutor granting decree by default as 'no oppostion to lodged therto'.
1st Dec: Contacted Court Clerk to raise my concerns. Back and forth for almost 2 weeks.
13th Dec: Email chain finally ends with Clerk claiming they have no recollection of any call (I paid the fee over the phone(!)) or having forwarded my defences to pursuer.
Court Clerk advises I "seek legal advice as this would now mean the Decree stands and an appeal would need to be raised with the Sheriff Appeal Court" Needs to be lodged by 28th December.


I submitted my intention to defend, paid the fee, lodged by defences (which the court clerk claimed would also send to Nolan's), posted my defences - and yet somehow find myself at the wrath of decree be default.

Any help, guidance, templates, or words of wisdom would be warmly welcomed.

[atticus]

Is repone a scottish law term? I am guessing that you have not mistyped "reopen".

[Gandalf123]

Yes, Scottish law term.

I have no idea how relevant this is, but I picked this up from Ordinary Cause Rules (scotcourts.gov.uk)


ACT OF SEDERUNT (SHERIFF COURT ORDINARY CAUSE RULES) 1993 No.1956 (S.223)

SCHEDULE 1

Initiation and progress of causes

CHAPTER 8 REPONING

8.1.

Reponing

Reponing
8.1.

(1) In any cause other than-
(a) a cause mentioned in rule 33.1(1)(a) to (h) (n) or (p) (certain family actions), or
(aa) a cause mentioned in rule 33A.1(a), (b) or (f) (certain civil partnership actions)
(b) a cause to which Chapter 37 (causes under the Presumption of death (Scotland) Act 1977) applies,
the defender or any party with a statutory title or interest may apply to be reponed by lodging with the sheriff clerk, before implement in full of a decree in absence, a reponing note setting out his proposed defence or the proposed order or direction, and explaining his failure to appear.

(2) A copy of the note lodged under paragraph (1) shall be served on the pursuer and any other party.

(3) The sheriff may, on considering the reponing note, recall the decree so far as not implemented subject to such order as to expenses as he thinks fit; and the cause shall thereafter proceed as if –
(a) the defender had lodged a notice of intention to defend and the period of notice had expired on the date on which the decree in absence was recalled; or
(b) the party seeking the order or direction had lodged the appropriate application on the date when the decree was recalled

(4) A reponing note, when duly lodged with the sheriff clerk and served upon the pursuer and any other party, shall have effect to sist diligence.
(4A) Where an initial writ has been served on a defender furth of the United Kingdom under rule 5.5(1)(b) (service on persons furth of Scotland) and decree in absence has been pronounced against him as a result of his failure to enter appearance, the court may, on the defender applying to be reponed in accordance with paragraph (1) above, recall the decree and allow defences to be received if-
(a) without fault on his part, he did not have knowledge of the initial writ in sufficient time to defend;
(b) he has disclosed a prima facie defence to the action on the merits; and
(c) the reponing note is lodged within a reasonable time after he had knowledge of the decree or in any event before the expiry of one year from the date of decree.

(5) Any interlocutor or order recalling, or incidental to the recall of, a decree in absence shall be final and not subject to appeal.

[Gandalf123]

Apologies for nudging this back to the top of the pile. Can anyone shed any light on what I need to do?

[Gandalf123]

Apologies for nudging this back to the top of the pile. Can anyone shed any light on what I need to do?

Ignore. Have received guidance from appeal court on next steps