Ye i agree, apologies though, i wasnt implying that you were trying to avoid paying debt, it was just a thought that came up when i was trying to find an excuse to use s77/s78.

I think you could argue that you believed you have made all payments required as defined in the agreement and you believe the current balance is nil, therefore Lloyds would have to provide a copy of the agreement if they wanted to prove a debt still exists. In saying the above, i dont think this is what this site represents, i would encourage everyone to pay their debt where they can, and make arrangements when times fall hard.

i was hoping to have it recalled on the following basis, 1: i was not given 28 days notice to pay the decree in full 2: original amount on decree was 980 (still outstanding balance of £500), but should have been about 800, i have ecidence to prove this that wont be contested. 3: never rec'd charge for payment. Why do i want to do this: basically to repair my credit. If i have have a new hearing for the decree then hopefully there would be a new ruling as opposed to amending the original decree, thus allowing me 28 days to pay in full and remove the decree/ccj from my credit file. Can this work? I am also trying to negotiate with creditor, requested they agree to having the decree set aside if i clear total balance. even if they do agree and give me written consent to have decree set aside, is the possible? am i clutching at straws here? lol

Thanks rorys, Just to clarify then, if i didnt receive a charge for payment i can recall the decree, would this be done using form 30 and 30a? however, if i did receive a charge for payment, i cannot now recall the decree as i only had 14 days after the charge or arrestment to recall? help is appreciated, thank you.

I spoke with a member of staff from Edinburgh Sheriff Court today, and was informed that there is no way i can have a decree recalled as it was from 2006. It can only be recalled within 14 of charge. Is this true, i have a decree against me, the sum on the decree is wrong although this has only just came to light, and i cant appeal or have it recalled? Anyone help please?

help please

Its not so much a case of appealing but you can still make an attempt to have it recalled and set aside. if it was a summary cause decree, then complete form 30 and 30a (scot courts website) and submit them to the court, no fee required. look around the net for reasosn to have decree recalled. 3. Request removal of unfair/incorrect judgements. Some judgement(s) may heve been unfairly or incorrectly awarded against you. An N244 form is used to request to a court to remove these. Forms are available free of charge from the courts, or you may download a N244 form here. Complete the N244 giving details relating to your county court judgement and give a reason for having the judgement set aside. Possible valid reasons to have a CJJ set aside are:- Fraud and Identity theft. Somebody used your name or address to obtain credit, which resulted in a County Court judgement without you knowing. Not given 28 days notice to pay. Incorrect address when the summons and judgement took place. Summons not received, not sent by recorded mail. Unable to attend court and defend yourself. The judgement should not appear on the credit files if it debt was settled within 28 days. In case of agreement to settle 'out of court' with the plaintiff, you should not have received a Judgement. If you did not receive any notification of the judgement/s made against you, then you can appeal. Acceptance of full amount of the judgement at the time, but now only agree partially Summons taken out against both yourself and another person jointly one only one party received summons Inavailability /out of the country, etc between the issue of the summons and entry of the judgement. Summons received late, so not given 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been made. info from: http://www.abacusfinance.co.uk/ccj-removals.htm

i have also been served with an inhibition notice. i am attempting to have he decree/ccj recalled myself. i also need advice but i have completed my 'minute to recall decree', see my thread on this page, "ccj/decree minute to recall". Lawyer will prob cost few ££, there are many reasons you can have a decree recalled, search the web, there are also some companies that offer there services in this area for a fee (approx £100) but not sure how good they are,

bump

Hi, I was issued with a CCJ/Decree in 2006. It was for a debt owed to a local council (not council tax, former employee). I was granted an order to pay but one thing led to another and i was unable to stick to the order which would have seen the debt cleared over a 12 month period (financial and marriage difficulties). I still owe approx £500, the original decree summary cause was for £980. It has since transpired that the original amount present to the court was inaccurate and should have been £180 less, this is by the councils own admission and they have deducted it from my debt. Anyway, i now have the means to pay the debt but would like the decree set aside for obvious credit worthiness reason. I plan to lodge a minute of recall with a sworn affidavit in support. What do you think? This is a draft copy, not really sure what i am doing so any help is appreciated. What am i trying to achieve? I want to pay the full outstanding debt, but wish to have the ccj/decree set aside also, as to improve my credit worthiness. ----------------------------------------------------------------------------------------------------------------------------------------- Rule 24.1(1) FORM 30 Minute for recall of decree Sheriff Court: Edinburgh Court ref. no.: XXXXX/06 City of Edinburgh Council (pursuer) against Mr Stephen XXXXXXX(defender). The pursuer moves the court to recall the decree pronounced on XX-XXXX 2006 in this case. Reason for failure to appear or be represented: I, the defender, sought and was granted a time to pay order. I agreed with the full amount of decree at the time, but now only agree with part of the amount. I also applied for time to pay as I wouldn’t be required to attend court. My desire not to attend court was due to me suffering from high levels of stress at the time (due to the failing of my marriage). Proposed defence/answer: I, the defender, respectfully request that the honourable court recall and set aside the decree. The following is the basis on which I make this request: 1: I agreed with the full amount of decree at the time, but now only agree with part of the amount. I believe that the evidence presented to the court by the pursuer when the decree was sought was inaccurate, namely, in the sum owed. The pursuer stated that the sum owed by the defender was £981.29, but I now know this sum to be inaccurate. The sum should have been significantly less and I have evidence to collaborate this fact. 2: There is a further, although minor, inaccuracy on the decree, namely, the defenders forename is spelt incorrectly. The defender’s name is Stephen XXXXXXX, yet on the decree the defender’s name is spelt Steven XXXXXXX. This inaccuracy has been pointed out to the pursuer on more than one occasion yet they have failed to rectify this error. 3: I, the defender, do not recall, and therefore believe, I was not given 28 days notice in order to pay the decree. I, the defender, acknowledge that I owe a sum of money to the pursuer. I do not bring this action before your Lordships in an attempt to avoid paying this debt, but I do require clarification on what monies are owed, given the fact that the initial sum presented by the pursuer was incorrect. I respectfully request the decree be set aside and a new hearing takes place. Should the honourable court recall and set aside the decree pending a new hearing, and further, make a judgement on the sum owed by the defender at such a hearing, it will be the defenders intention to pay the said sum, in full, immediately after the judgement. ----------------------------------------------------------------------------------------------------------------------------------------