paid within 28 days but decree on credit file

allhappy111

I had an unfortunate event where i required the services of a solicitor and was unlucky enough to get basil faulty of the solicitors world. His service was at best unprofessional - in fact thats to diplomatic - he was dreadful and failed to do his job and billed me double what he quoted - i disputed the bill - he took me to court - in Scotland.

I lost the case but sometimes lifes not fair and thats how it is so accepted i had no choice but to pay within the 28 days - went to great lengths to do this as he wouldnt let me know the final amount to pay and payment details but finally got them and made the payment within the 28 days.

Have been refused credit twice(trying to get a 0% balance transfer card) - couldnt figure out why - read some stuff on here and decided to get an experian credit file - couldnt get on it but here suggested noddle as experian needed to do more identity checks and guess what - despite me havinging a receipt and letter from them confirming i paid iwthin the 28 days and it wont go on my credit file its on there:mad:.

Do i go to the court, the solicitor or the credit file place? I wont even get a credit card now as I applied twice and had too many searches. Any ideas? I was already going to go to the Law society about the solicitor but wasnt confident as in court it was like they all stuck together and am a bit battle scarred from the whole experience of having to deal with this individual and wanted to put it behind me.

bernabet

You could contact them with the copies of your receipt etc and demand they remove the inaccurate information, or if you are a member of credit expert, you can contact them and they will raise the dispute for you.

allhappy111

thank you for your quickly reply - thats fab adn gives me a starting point - cant you advice me when you say go to them do you mean the solicitors (from hell lol) or the court that issued the decree? many thanks

cifpower

Noddle only updates once a month. The CCJ will go on but, after its been paid, it will then come off. It should be removed when noddle updates next.

Buzby

28 days? Try 21! When pursuing a debtor that doesn't pay, I can seek decree after three weeks of no payment. It is the court who accept the application from the pursuer.

If your defence is that you paid on 28 days, this will fail, it will show as Settled, not disappear.

fermi

You are confusing the time you have to respond to the original claim before judgement can be given by the court

- indeed 21 days

with the time you have AFTER THAT has happened to pay, which if you do so within it you can have the decree removed from the register and hence credit files.

That time is one calendar month AFTER judgement has been finally given by the court.

Date of the decree = date of final judgement. Not the date of issue of the claim. Nor the date the decree is applied to the registry trust records.

http://www.scotcourts.gov.uk/taking-action/frequently-asked-questions/general-faqs/money-judgments-and-certificates-of-satisfaction-faqs

How can I get a money judgment removed from my credit file?

Decrees are only removed from the Register if they are recalled by the court, entered in error or paid in full within one calendar month of the date of decree.

If the decree was paid prior to the court date or entered in error you can apply for a recall through the court (see FAQ below for more information). Alternatively you should request a letter from the pursuers or their solicitors confirming that the decree went ahead in error or was paid in full within one calendar month of the date of the decree. The letter should confirm:

• Name of the court
• Case number
• Date of decree
• Amount of decree

You should then forward the original written evidence to Registry Trust Limited 153 - 157 Cleveland Street London W1T 6QW together with their administration fee and confirmation of your name and address at the time of the decree.
There is a FAQ section on the Registry Trust website. Point 29 explains the procedure which needs to be followed in order for a decree to be removed from the Scottish Register.

http://www.trustonline.org.uk/faqs-help

29 - How can I remove my decree held on the Scottish Register?

Decrees are only removed from the Register if they are recalled by the court, entered in error or paid in full within one calendar month of the date of decree.

If the decree was paid prior to the court date or entered in error you can apply for a recall through the court. Alternatively you should request a letter from the pursuers or their solicitors confirming that the decree went ahead in error or was paid in full within one calendar month of the date of the decree. The letter should include details of the decree such as the date, amount, court, case number.

The original written evidence should then be forwarded to: Registry Trust Limited 153 – 157 Cleveland Street London W1T 6QW With confirmation of the defendant’s name and address at the time of the decree and enclosing an administration fee of £4.00 (made payable to the “Registry Trust Limited”) for each named person or business at a specified address or limited company name.