Decree paid within 1 month

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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.

Comments

  • molerat
    molerat Posts: 31,981 Forumite
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    The problem could be over cleared funds. The debt was not paid until the funds were cleared into their account.
  • StopIt
    StopIt Posts: 1,470 Forumite
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    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.

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
  • pnatt
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    Just wanted to put an update here in case anyone in future comes across this when searching about the same thing. I got a letter today confirming the decree has been removed from my record.

    I sent a letter just stating the facts. The decree was granted on this date, i received the letter on this date, I paid it on this date. I sent in a hard copy of the email receipt of payment along with the letter from the solicitor and the £4 fee (postal order)
  • fermi
    fermi Posts: 40,546 Forumite
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    Great. Thanks for the update. :)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • StopIt
    StopIt Posts: 1,470 Forumite
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    pnatt wrote: »
    Just wanted to put an update here in case anyone in future comes across this when searching about the same thing. I got a letter today confirming the decree has been removed from my record.

    I sent a letter just stating the facts. The decree was granted on this date, i received the letter on this date, I paid it on this date. I sent in a hard copy of the email receipt of payment along with the letter from the solicitor and the £4 fee (postal order)


    Thank you for the update and I'm glad it was good news for you!


    Your credit files may take a month or so to officially show as removed, but it should be gone soon.

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
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