When a court action has already been raised, you do not need to make a "stand alone" application for a Time Order, but instead just return the paperwork that will be contained in the Court Summons you will have received.
In a Simple Action, you should return this before the Last Date for Response (this will be printed on the Summons). Where it is an Ordinary Cause Action, you must return it to the Court within 21 day of you receiving the Summons.
There is not a fee for making a Time Order application, however, you may be liable for the expenses of the other party if they oppose the Time Order, as there will be a hearing arranged to consider your proposal and they will have to arrange for a solicitor to be present to represent them. This may add to their costs.
When a Court action is raised by your lender, they are the Pursuer and you are the Defender.
You are applying for a Time Order under section 129 of the Consumer Credit Act 1974.
You need to outline how much you are offering to pay towards your arrears and future installments each week/month.
You can also request an Ancillary Order.
This is an additional order, in addition to the Time Order.
This is likely to be an order under s136 of the Consumer Credit Act 1974, and is usually used to vary the terms of the agreement in some way, most commonly, to vary the interest rates.
This is a complex area, and should only be used after you have sought advice.
You do not need to seek an Ancillary Order.
You will also have to draft an income and expenditure to show the court how much income you have and what your other financial commitments are.
This is so the lender and the Court can decide if your offer is reasonable.
What Happens Next?
Once your lender has been served your application, they can either agree to it, or reject it.
If they reject it, a court hearing will be set and you will have to attend or arrange for yourself to be represented to argue why it would be reasonable, in all the circumstances, for the Sheriff to grant your Time Order.
