Ordinary cause: Offer to pay by instalments
If the defender offers to pay by instalments prior to the expiry of the period ofnotice, whether accompanied by a partial payment or not you should (DMBM680090)
- speak to the defender personally and
- advise that the court cannot grant a time to pay direction for a tax debt and that your action would in the circumstances result in decree being granted for the whole sum plus expenses.
In considering the defenders financial circumstances, if you are satisfied thatthe offer of payment is reasonable you should
- accept the proposals but
- warn that any default will result in your obtaining and enforcing the decree.
Note however that you should
not apply for decree in suchcases until the arrangement fails.
In cases where you cannot accept the defenders proposals for payment you shouldtell the defender that
- any payment made will be accepted without prejudice to the action and
- you will be seeking decree for any balance remaining plus expenses.
If a payment accompanies the request you should
- bring it to account
- complete the appropriate costs record as necessary
- note the appropriate computer records
- wait until the cheque has cleared and then
- minute the court to grant decree in absence for the balance remaining plus expenses.