CCJ or DECREE: Minute to recall

[pirateuk]

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.

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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.

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[pirateuk]

bump

Edited March 3, 2009 by pirateuk

[pirateuk]

help please