SCHEDULES
SCHEDULE 6F2 Procedures as to Calling-up and Default
X1C1F1FORM F
Sch. 6: Forms E, F were substituted (30.9.2010) by The Home Owner and Debtor Protection (Scotland) Act 2010 (Consequential Provisions) Order 2010 (S.S.I. 2010/318), art. 2, Sch. Pt. 1 para. 3; from that date, Forms E and F are represented as a single 'image' viewable by accessing Form E
Sch. 6 Form F inserted (3.12.2001) by 2001 asp 11, s. 4, Sch. Pt. 1 para. 5 (with transitional provision in art. 3)
Sch. 6 Form F: power to amend conferred (3.12.2001) by 2001 asp 11, s. 4(7)(b) (with s. 5); S.S.I. 2001/418, art. 2 (with transitional provision in art. 3)
To the Occupier (address)
C.D. (designation) has applied to the court under section 24 of the Conveyancing and Feudal Reform (Scotland) Act 1970 for warrant to exercise in relation to (address of security subjects) remedies to which he is entitled on the default of A.B. (designation) in the performance of his obligations under a standard security over (address of subjects). A copy of the application is attached.
If you are a tenant of A.B. (or, if A.B. is not the proprietor of the subjects, of E.F. (being the proprietor)), in certain circumstances C.D. cannot take possession of the property without a court order. You should obtain legal advice about your rights as a tenant. You may be eligible for legal aid depending on your circumstances, and you can get information about legal aid from a solicitor. You may also be able to get advice from any Citizens Advice Bureau or from other advice agencies.
If you are the spouse or partner of A.B., the Mortgage Rights (Scotland) Act 2001 gives you the right in certain circumstances to apply to the court to suspend the rights of C.D. The court will have regard in particular to the nature of and reasons for the default, your ability to fulfil the obligations under the standard security, any action taken by C.D. to assist the debtor in the standard security to fulfil those obligations and the ability of you and anyone else residing at the property to find reasonable alternative accommodation. If you wish to make such an application, you should consult a solicitor. You may be eligible for legal aid depending on your circumstances, and you can get information about legal aid from a solicitor. You may also be able to get advice, including advice about how to manage debt, from any Citizens Advice Bureau or from other advice agencies.
Dated
(Signature of C.D., or signature and designation of C.D.’s agent followed by the words Agent of C.D.)
Sch. 6: in each of forms A and B, the words “registered in the Land Register of Scotland on … over title number … (or recorded in the Register for … on …)” are substituted (8.12.2014) for the words “recorded in the register for … on …” by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 17(24) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2