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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7361
Experience:  28 years as a practising solicitor.
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Submitted a question a few minutes ago re pre-proof and form

Resolved Question:

Submitted a question a few minutes ago re pre-proof and form G11. Then closed down internet in error. Please let me know if it was received?
If not, will detail again. Am at the pre proof stage of a scottish divorce after two years. Pre proof set for 6th November. Do not have funds to be legally represented, however former lawyer used Form G11 to get movements and details of bank accounts of former partner going back 5 years to 1st Oct 2012 (date of separation). This was to no avail, however, have now discovered another couple of lenders and accounts. Will the court order still be valid and can I ask lenders to submit details to Sheriff Court? If not, will I be able to submit another G11 to court and what is the process?
Submitted: 10 months ago.
Category: Scots Law
Expert:  JGM replied 10 months ago.
Thank you for your question.

I don't see your earlier question on the system.

However, I understand what you want answered.

The G11 is the form that can be served on the bank along with a copy of the Specification of Documents seeking information on any accounts they hold. As long as the specification is general enough to include the further banks and lenders you have discovered and is not confined to specific banks and lenders then there is no reason why you can't use the original Specification with a G11 form.

Note that some lenders now charge quite a lot for giving out the information, notably Clydesdale Bank plc for example.

I hope this helps. Please remember to leave a positive rating so that I am credited for my time.
Customer: replied 10 months ago.

Thanks for that. Would it just be a case of visiting the Sheriff Court and asking for a copy of the "Specification" and original G11 Form. I attach quote from an order I currently have as am not sure if I have the specification or not.


"allows an account thereof to be given in and remits same, when lodge, to the auditor of court"


 


In short, what do I ask for to be able to take this forward?


 

Expert:  JGM replied 10 months ago.
You need a copy of:

The Specification of Documents.

The court order approving the Specification and granting commission and diligence for recovery.

And you need to fill in the G11 form to send with these items to each lender.

The G11 form you can get a blank on from the Scottish Courts Service website.

The Specification and court order, known as an interlocutor, you can go to the sheriff clerk and ask for a copy. They will charge you for the copying but it's not very much.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7361
Experience: 28 years as a practising solicitor.
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