On accepting that a case is appropriate for equitable liability, EIS Edinburgh will ask the service office to calculate the equitable liability, and advice the defender of the reduction, and remit any tax etc as necessary.
When you receive notification from EIS Edinburgh proceed as
Debt remitted in full prior to decree
Where you have not minuted for decree you do not need to take
any further action. If the writ is not returned to the court after
the expiry of the period of notice the court will remove the case
from the roll in due course.
If you have lodged a minute for decree plus expenses you should allow the action to process and advise the defender that the decree will not be put to execution.
If the defender is not satisfied with this undertaking and wishes to have the decree recalled you must seek advice from HMRC Solicitors Office.
Debt remitted in full and decree held
Where you do have decree for the debt you should advise the defender that the decree will not be put to execution and make one application for payment of the costs.
Debt remitted in part prior to decree
Where a balance of the debt remains
If payment is not made continue your ordinary cause action in
the normal way and in cases where you have already minuted for
Debt remitted in part and decree held
Where there is a balance of the debt remaining