Help to set aside a CCJ in Scotland

[JohnnyD1]

Hi guys.

 

I have a CCJ against my name that was processed at Edinburgh Sheriff Court in October 2006. The Inland Revenue were owed £126.00 in National Insurance payments that I was not aware of and I had just moved house when the final demand was sent to my old address. I did not know it went to court and a judgment was made against me in my absence resulting in the CCJ.

 

I did not know about the CCJ until I got a copy of my credit file at the beginning of 2007 when I was applying for a mortgage with my girlfriend.

 

The debt was settled with the Inland Revenue in April 2008 and I have a letter of settlement from them.

 

I need details of this CCJ off my credit report as my wife and I are looking into getting a joint mortgage for a new house.

 

I'm aware that I can send the letter of settlement of this debt to the Registry Trust to have the CCJ noted as 'satisfied' on my credit report. Which is fine but I want to completely remove the note of the CCJ remaining on the credit report.

 

I believe that I have grounds for the CCJ to be 'set aside'. Does anyone have any experience of this under the Scottish system? Does the N244 Form work in the Scottish courts. If set aside will the CCJ completely disappear from my credit file?

 

My main question is if I have satisfied the CCJ can I still get it 'set aside'? Even if it is noted as satisfied on the credit report?

 

Any help with this situation would be great.

Edited October 9, 2009 by JohnnyD1

[JohnnyD1]

Can anyone give me advice?

[JohnnyD1]

After more research I have discovered the following:

 

In Scotland the equivalent of a CCJ is a 'Decree'. Instead of having a CCJ 'set aside', in Scotland, you need to have the 'decree recalled'.

 

This involves filling in a couple of forms and submitting them to the relavant court where the decree was made. In my case it is the Small Claims Section of Edinburgh Sheriff Court.

 

The forms they have asked for can be found at the following link. Form 20 and 20a is what the court asked for. Small Claims Forms

 

The people at the Small Claims section at Edinburgh Sheriff Court were very helpful on the phone when I needed advice on completing the forms. I am very surprised how easy the process has been to this point.

 

The forms required are similar and one is for the court and the other is for the plaintiff (who you owed the money to) and the court forwards this to the plaintiff. You should also attach copies of any documentary evidence that supports your defense.

 

It costs nothing to apply for a decree to be recalled and once submitted it takes a few weeks for a hearing to be arranged that you MUST attend.

 

I'm waiting for my court date. Hope this helps someone else.

 

Will update with results.

[IdaInFife]

Hi Johhny,

 

Normally a decree can only be recalled with in a small amount of time i.e 7 days from decree date unless you have extinuating cirumstances

 

which yours would be classed if you did not receive any court papers or have ANY knowlegde of the decree being granted

 

as long as you have stated that you have had no prior knowledge of the decree and can provide proof (normally rent/council tax letters ) that you were not resident at the peoperty the papers were served at then it should be quite straight forward

 

Ida x

[JohnnyD1]

Hi Johhny,

 

Normally a decree can only be recalled with in a small amount of time i.e 7 days from decree date unless you have extinuating cirumstances

 

which yours would be classed if you did not receive any court papers or have ANY knowlegde of the decree being granted

 

as long as you have stated that you have had no prior knowledge of the decree and can provide proof (normally rent/council tax letters ) that you were not resident at the peoperty the papers were served at then it should be quite straight forward

 

Ida x

 

Thanks Ida. Fingers crossed.

[IdaInFife]

keep us updated

 

Ida x

[JohnnyD1]

SUCCESS!

 

Was in the court for 4 hours waiting for my turn in front of the Sheriff. 60 seconds later - Decree recalled. Case dismissed.

 

CCJ Removed from my record in about a weeks time!

 

The Inland Revenue sent a letter to say they were not opposing the Recall.

 

Time to start looking at mortgages now!

 

This forum ROCKS! Thanks to all for help.

[IdaInFife]

you helped yourself really

 

 

glad you got it sorted

 

if you find any good deals up here let me know