Scots law - decree (CCJ ADVISE) recall needed

[drreamsurfer]

Hi I have a question relating to a decree issued in my name. The decree (ccj) was issued in July 09 in Aberdeen to an address I was not living in (it was rented out). I was totally unaware of the decree, received no paperwork or summons as I was living and working in Edinburgh. I contacted a solicitor in Aberdeen today about getting it recalled however was told that as so much time had lapsed a recall would not be possible. I found out about the decree yesterday after my mortgage application failed and I looked at my credit report.

 

The debt was persued by AMEX, for which I had a company credit card for expenses incurred in Dec 08, due Jan 09. I left my employer for a new job in Edinburgh at the end of December hence did not update AMEX of my new address due to the fact that as far as I was concerned the agreement had ended (card was returned when I left) I was unaware that my employer had failed to reimburse my expenses....

 

Can someone please advise if this case can be recalled?? It is severley affecting my ability to obtain credit. If I had known about it, I would of paid the amount in full and it would not be on my credit report. It is very unfair that this has even been issued without my knowledge and surely works against current law???

[IdaInFife]

Yes it can be recalled if you can prove that you were resident at another address but you would also need to show that you have a defense as well.

DO you have a valid defense?

[drreamsurfer]

If I had known about the debt it would of been paid in full within the month and would not appear on my record. Hence I would like to be given the opportunity to pay the amount and get the CCJ removed.

 

In terms of a defence, I was unaware of the debt. Like I said it was not a personal credit card but a company credit card. The debts were incurred as part of my final Charted Acct exams, when I left my employer in December 08 the expenses should of been reimbursed in Jan. This did not happen, hence the amount has fallen due. I doubt this would stand up in court as at the end of the day the AMEX is 'individual liability' hence it was my responsibility to ensure the match of expenses to reimbursement.

 

However I was not aware fo the debt, in Dec 08 I left my employer, moved to Edinburgh (new employer) hence the AMEX was returned to the my old employer. AMEX have then persued the debt at my old address without my knowledge at my old address.

 

Basically what I want is to be given the same opportunity I should of been given if the summons had been served on me, i.e to pay the debt in full - hence no decree on my credit file. . .

 

Does this give a valid reason for recall??

 

I now have a daughter to look after hence I need a mortgage in order to sell the property I own in Aberdeen and buy in Edinburgh - this is decree is preventing me from doing so. . .

 

THANKS

[IdaInFife]

Okies,

 

can help with that, what you may need to make sure is that you have proof that you did not live at the addressat the time - best things are CT bills etc - you may not need these at all but it depends on the judge - they may grant recall no probs or some can ask for hearing to decide. - best to be prepared

 

so you need this:

 

http://www.govanlc.com/form_30_30a.pdf

 

need to return it to the issuing court either by hand or special delivery

[drreamsurfer]

Thanks v much - appreciated!!!!