Removal of CCJ Scotland When Creditor Has Admitted Wrong doing?

Castmember

Hi,

I took out a car loan with Moneybarn about 5 years ago, the deal was over 3 years. I tried to hand the car back after half term when I ended up out of work but at the time they refused. I ended up defaulting after this and it went to court where I ended up with a CCJ.

I cleared the outstanding debt in March this year and it is showing as settled / satisfied on my credit report.

However about 6 weeks ago out of the blue they sent me a £4700 cheque (more than the CCJ was for) and a letter basically saying that they did wrong and down to FSA regulations they should have given me the cheapest option at the time which was returning the car and paying an admin fee.

What are my options if any for getting the CCJ removed totally from my report?

Thanks

Michael23

I'm struggling to make any sense of your post. They randomly sent you a cheque? did you make a complaint?

Nebulous2

Michael23 wrote: »

I'm struggling to make any sense of your post. They randomly sent you a cheque? did you make a complaint?

It happens. Where the regulator becomes aware that a company hasn't been following the rules they can be asked to compensate everyone affected. It doesn't require individual complaints to get the money.

Op you need to ask them to remove it. If they are anxious to comply with the ruling they may well accept. If they don't then complain, but open a dialogue with a paper trail first.

sourcrates

If this was granted in Scotland, then its a Decree, and not a CCJ, the procedure for recalling it is different to a CCJ, and unfortunatly you must apply for recall within 14 days of receiving either :

• a ‘charge to pay’; or
• an ‘arrestment’ under diligence (whichever is ‘served’ first).

Advice here, but I think your well out of time :


https://www.nationaldebtline.org/S/factsheets/Pages/decrees-in-the-sheriff-court/applying-for-a-recall.aspx

Benight

sourcrates wrote: »

If this was granted in Scotland, then its a Decree, and not a CCJ, the procedure for recalling it is different to a CCJ, and unfortunatly you must apply for recall within 14 days of receiving either :

• a ‘charge to pay’; or
• an ‘arrestment’ under diligence (whichever is ‘served’ first).

Advice here, but I think your well out of time :


https://www.nationaldebtline.org/S/factsheets/Pages/decrees-in-the-sheriff-court/applying-for-a-recall.aspx

I don't think this would have been suitable for recall anyway

DECISIONS MADE BEFORE 30/
07/18
(1)
A party may apply to have a decision of the sheriff recalled in 6 situations:
(a)
where the sheriff dismissed a claim or made a decision under rule
7.2(
4), because the claimant did not send the court an Appli
cation for a
Decision within 2 weeks from the last date for a response,
(b)
where the sheriff made a decision under rule 7.4(2), because the
respondent did not send the court a Response Form by the last date
for a response,
(c)
where the sheriff dismissed
a claim under rule 7.4(4), because the
claimant did not send the court an Application for a decision within 2
weeks from the last date for a response,
(d)
where the sheriff dismissed a claim under rule 12.5(1), because the
claimant did not attend the hearing,
(e)
where the sheriff made a decision under rule 12.5(2), because the
respondent did not attend the hearing, and
(f)
where the sheriff dismissed a claim under rule 12.5(3), because neither
party attended the hearing.

http://www.scotcourts.gov.uk/docs/default-source/rules-and-practice/rules-of-court/sheriff-court/simple-procedure-rules/schedule-1/13-part-13-july-2018.pdf?

This would seem to have been a matter for appeal on the basis of legal challenge to the original ruling.

http://www.scotcourts.gov.uk/docs/default-source/rules-and-practice/forms/sheriff-court-forms/simple-procedure-forms/form_16a.pdf?

But it would still be out of time; appeals have to be lodged within 28 days from the Decision Form being sent.

Benight

Michael23 wrote: »

I'm struggling to make any sense of your post. They randomly sent you a cheque? did you make a complaint?

Me too.

I would have thought they would have wanted the car back, if they have refunded based on "returning the car and paying an admin fee"

But I guess we'll never know as the brand new poster who joined up to ask the question left the forum before anyone responded, and hasn't been back since (and that was 2 days ago, now)