Decree against me not notified

[hopetobedebtfreeoneday]

Hi All,

 

Just wondering if anyone can give me a bit of advice. I have just received a letter from The registry Trust informing me that there is a decree against me at the local sheriff court. I did not receive any court paper and called the court to find out why. They told me that I was sent papers by recorded delivery and as there was nothing back to say that the delivery was not successful that they have acted properly. I checked the code that thy gave me on the Post Office track and trace which says that the post office have still to deliver the letter to me. As a result of this I have not had the opportunity to offer payment and my case has went down as undefended. I don't know where I stand with this can anyone help.

 

Thanks in advance

Hope

[bluedogx]

You should visit your local cab to discuss recalling the decree. What are your intentions to deal with the debt?

[IdaInFife]

can you get written proof of this? does it state this online?

 

you can recall the decree if so as bluedog says using this form

 

http://www.scotcourts.gov.uk/sheriff/small_claims/forms/Form20.doc

 

but as above can you defend this action or pay it in full within 28 days?

[hopetobedebtfreeoneday]

Hi Guys,

 

Thanks for responding:-)I spoke to CAB and they told me unless I could pay the debt in full ( which I can't) I have nothing to defend so the court would recall the original decree but I would get another only marked time to pay. Credit kn******* now so will just live with it. I have applied for a DAS so hopefully this should work for me just hoping that this creditor agrees fingers crossed.

[bluedogx]

Hope it goes well

 

B

[martinkeatings1]

You can get this recalled so far as not implemented no problem what so ever. The sheriff would then recall it and remove the registration against you setting a date for the hearing to commence again.

 

You can ask for it to be recalled if you can prove you did not recieve the summons and in this case the track and trace is saying that its still to be delivered. Put in a "minute for recall of decree" - the forms are at http://www.scotcourts.gov.uk

 

You will need to list the reason you are seeking recall (non reciept) and also your proposed defence to the original summons and turn up on the date specified by the court. This is all providing that you do actually have a good reason for not paying it i.e. the amount was in dispute etc etc

 

One thing I would ask you, have they executed it? i.e. have they sent the sheriff officer after the money or garnished your wages/ income?

 

If they havent then you could actually pay it off and then ask for it to be recalled (thats what I did) because I believe the time limit on a recall is 14 days after the date of execution of the decree. If it hasnt been executed then you should still be able to have it recalled.