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    • pnatt
    • By pnatt 9th Nov 17, 10:10 AM
    • 2Posts
    • 1Thanks
    pnatt
    Decree paid within 1 month
    • #1
    • 9th Nov 17, 10:10 AM
    Decree paid within 1 month 9th Nov 17 at 10:10 AM
    A decree (Scottish Court) was issued against me on 30th August. I was able to get the money together to pay the full balance and court expenses on the 29th September (I wasn't purposely leaving it till the last minute, this was my pay date). Since this was within one calendar month I expected to be able to get the receipt of my payment and send it off to get the decree removed from my file.

    I paid on the 29th Sept on the solicitors online payment page. I then followed up the payment with a phone call to them and asked them to confirm that was the full balance paid and to request the letter I needed to sent to the Registry Trust. They confirmed and advised the letter would be sent.

    When I received the letter they have stated that I paid the full balance on the 3rd of October, not the 29th Sept when I actually did. I have the email receipt from the payment on the 29th to prove it. I called them to request they correct this but they insist that even though they confirmed on the phone on the 29th that the full balance was now paid, their payment system can take a few days for the money to arrive with them.

    I am now worried that if I send this letter to the Registry Trust that they will not accept it was paid within 1 month and I will have to live with this decree on my file for 6 years! All because of how their own payment system works. I plan to send a copy of the email receipt with my request to remove the Decree but is there anything else I can do to help my case? Has anyone been in this situation before and had them accept I paid within a month?

    If they do not accept it and refuse to remove the decree what action can I take to get the Solicitors to correct the date on their letter of receipt?

    Thanks for any help.
Page 1
    • molerat
    • By molerat 9th Nov 17, 10:58 AM
    • 17,323 Posts
    • 11,516 Thanks
    molerat
    • #2
    • 9th Nov 17, 10:58 AM
    • #2
    • 9th Nov 17, 10:58 AM
    The problem could be over cleared funds. The debt was not paid until the funds were cleared into their account.
    www.helpforheroes.org.uk/donations.html
    • StopIt
    • By StopIt 9th Nov 17, 12:08 PM
    • 1,371 Posts
    • 1,169 Thanks
    StopIt
    • #3
    • 9th Nov 17, 12:08 PM
    • #3
    • 9th Nov 17, 12:08 PM
    Online payments via card can take up to 5 days to clear depending on the systems used.


    You paid way too close to the time limit (I understand that wasn't your fault, but alas, it makes little difference) and if the funds didn't clear, it wont be classed as paid until the funds are clear.


    My council tax payments are made online and it stays in my pending list on my online banking for what feels like an eternity.


    You can please for leniency here, but strictly speaking, you paid the cleared funds too late.
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