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Decree removal advice , please?


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I was recommended to re-post this in this forum.Can anyone give any advice?

 

 

First post, sorry it's a long one but any advice would be welcomed. I came across the problem below whilst trying to tidy up my credit filelink3.gif.

 

I bought a car from an independant dealer and financed by Welcome Finance in October 2001 on a 3 year term. In September 2004 they say they registered a default, however this shows (on my credit file) as being registered in Dec 2004 and settled in January 2005. In early 2005 they take me to court and as I understood it were awarded a decree in absence. (I'm in Scotland).

I mis-read the only paperwork that I have in relation to this as an application to have the decree recalled, however it was an application for recall of decree of dismissallink3.gif. (This was thrown out by the court)

In September 2005 without my knowledge (the papers were served through the letterbox of a house I wasn't staying at during this period) they are awarded a decree in absence.

They say I finally called at the local office and settled the account on November 15th 2005.

They have sent me a piece of paper saying that I paid a settlement figure which appears to have been signed by me.

However I remember refusing the settlement figure offer as I wanted to be sure that there were no blemishes on my credit file. (the manager agreed to this) However in the letter I have received they say "You were notified that a ccj had been lodged on to your credit file in Sep 2005 whilst you were away on holidaylink3.gif despite making the full and finallink3.gif settlement to your account" They have produced a copy of a letter that has my signature on it saying where I got the money from, I don't remember signing it.

The figure I remember and the figure they are claiming I paid are £500 apart. (I don't think they would have accepted a lesser figure given that they had the decree).

 

They have removed the default but say they are powerless to help with the judgement as they say I paid outside the 30 days and they wont give me a letter saying it was obtained in error. The court say I'm out of time to have it recalled.

The dates they are quoting and the amount they say I paid don't seem right. What can I do? (I don't have any paperwork on the basis of the assurance he gave me and the office is now closed.)

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