Decree/CCJ appeal time limits

[pirateuk]

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?

[rory32]

You can only apply for a “Minute for Recall” up to 14 days after the service of a charge for payment or 14 days after the service of an arrestment.

 

Apart from this there are no time limits provided that you are the Defender. If a charge has never been served, it is possible to recall a decree up to 20 years later.

[pirateuk]

You can only apply for a “Minute for Recall” up to 14 days after the service of a charge for payment or 14 days after the service of an arrestment.

 

Apart from this there are no time limits provided that you are the Defender. If a charge has never been served, it is possible to recall a decree up to 20 years later.

 

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.

[rory32]

J

ust 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?

Yes.

 

however, if i did receive a charge for payment, i am now time barred to recall the decree as i only had 14 after the charge or arrestment to appeal/recall?

Yes.

 

As you are paying the account I don't see how you can recall it. You can only vary the amount.

[pirateuk]

As you are paying the account I don't see how you can recall it. You can only vary the amount.

 

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