Repossession Litigation

As an Accredited Paralegal, you are required to demonstrate competence in your chosen area of practice as well as the general competencies and standards of conduct.

Below are competencies, skills, knowledge and understanding, and legislation specific to the Repossession Litigation practice area. 

Competencies

You should be able to demonstrate competency and understanding in:

  • interpreting instructions from clients regarding enforcement of their security
  • interpreting descriptions of standard securities and title plans and able to identify issues/concerns arising from same
  • Undertaking background ownership checks including Registered Security and Insolvency Reports
  • Understanding of the acceptable form of statutory Form A and Form BB
  • the Technical Service Requirements of Form A and Form BB
  • the preparation and service of a Calling Up notice
  • the requirements for voluntary surrender
  • the position of Entitled Residents and the statutory requirements thereof
  • the requirement for section 11 statutory notices to local authority housing department at the relevant points
  • the requirements for proof of service of all papers and statutory notices for use of office and any subsequent agent appointed
  • the preparation and issue of LBAs (or verify this has been done by lender)
  • Preparation of Form 11c to comply with Pre-Action Protocol
  • Preparation of the Summary Application court pack, including supporting documentation to comply with PAR
  • management of diaries and court deadlines and advise supervising solicitor(s) and others accordingly
  • Service of proceedings including Walls of Court if required
  • Instruction of local agents for Hearings, where relevant
  • confident communication with Court staff/clients/Sheriff Officers/Defenders/Solicitors
  • Instructing Sheriff Officers on service and examination and understanding their report
  • Dealing with moving for and recalling of sists
  • checking the accuracy of and stages required to enforce Decree
  • how to address the issue of tenants in a property scheduled for repossession including understanding the different form of tenancy agreements, and able to serve Notices to Quit/Leave and the process for making application to the First Tier Tribunal for eviction.
  • General understanding of possible resolution tools including Mortgage to Rent Scheme. Assisted Voluntary Sales, Buy to Let etc and dealing with Minutes for Recall of Decree

Skills, knowledge and understanding

You should be able to demonstrate knowledge, understanding and awareness of:

  • the different procedures which apply to voluntary processes and standard Scottish Repossessions and the ability to explain those processes to clients and their customers (recognising how these processes differ from those in England and Wales)
  • the rights and obligations of the client as pursuer
  • the importance of accuracy in repossession proceedings and the impact of any inaccuracies (calling up notices, designation of parties, description of subjects etc)
  • how Repossession Litigation impacts on the sale of a repossessed property
  • the court rules in relation to procedures, deadlines and timescales for repossession actions
  • the structure of the civil court system
  • the importance of court deadlines and all deadlines relevant to repossession work
  • the use of the firm’s in-house database and library system
  • the difference between advice and information
  • Knowledge, location and familiarity with relevant firm styles including anti-money laundering and cash procedures
  • Different procedures and protocols for dealing with different lenders
  • Financial Conduct Authority Regulation
  • Pre-Designed Styles and Prescribed forms (including Form E and 1; Form 2 and F; Calling Up Notices; Form A; Form 11 C; Form BB; and Section 11 (Notice to Local Authorities)

Legislation

You are required to demonstrate knowledge, understanding and familiarity with the legislation relevant to this area.  This requires being aware of the continuing changes to current legislation and rules and the introduction of new legislation and rules.

The following is a non-exhaustive list of the areas relevant to Repossession Litigation work:

  • Conveyancing and Feudal Reform (Scotland) Act
  • Heritable Securities (Scotland) Act
  • Homeowner and Debtor Protection (Scotland) Act
  • MCOB Rules surrounding repossession and mortgage arrears (Basic understanding)
  • Money Laundering, Terrorist Financing and Transfer of Files (information on Payer) Regulations
  • Ordinary Cause and Summary Application Rules
  • Sheriff Court Practice Rules
  • Sheriff Court (Civil Procedures) Scotland Act

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