Yuill & Kyle Decree - No Summons/Payment Plan Already in Place?

[Disney_or_bust]

Looking for some advice please.

 

I received a letter from the courts informing me that a decree I had been given a decree thanks to Yuill & Kyle. The first I knew anything about it was this letter and I hadn't had a chance to appear in court or to prevent this.

 

This was 2009 and at the same time I received this, my wife had just been diagnosed with a serious illness and Ill admit, this and any other debts were last thing on my mind.

 

Anyway, I never actually looked into the decree until recently and I read that I should have been notifed of this via Recorded Delivery letter or by a sherriff's officer, is this correct?

 

We never received a thing until it was all done and dusted and I was surprised to read on a couple of other threads that it seems this isnt the first time Yuill & Kyle have done this.

 

Also what make the decree more surprising was that I had a payment plan in place and was paying regularly and on time prior to the decree.

 

So my questions are a) Is it possible I could have the decree removed from my credit file if I was not notified beforehand ?

and b) If I was already paying on time and regularly and had payment plan set up before the decree was issued can it be removed because of this?

 

I'd really appreciate any advice/opnions please.

 

Many thanks.

[maroondevo52]

Hello and Welcome,

 

What was the debt and did you make any more payments towards it.

[Disney_or_bust]

Hello and Welcome,

 

What was the debt and did you make any more payments towards it.

 

Thanks for replying.

 

It's an old credit card debt, just over £1000 left and never stopped paying them, still do and on time every month.

[Crocdoc]

The application to recall a decree in small claim

and summary cause actions is known as a ‘minute

for recall’. You can only apply for a ‘minute for

recall’ after the decree has been granted.

However, your application must be made no

later than 14 days after you have been served

with either:

 

•

a ‘charge for payment’; or

 

•

an ‘arrestment’ under diligence (whichever is

 

‘served’ first).

When a court document is ‘served’, it means

that the document has been delivered in the

correct way.

 

 

I would check the balance on thae account as the fact that the Decree exists entitles the creditor to 8% Stautory Interest, The chances of having the Decree removed from credit file before the debt is settled in full is non existant in my opinion.

 

I would imagine that you were served with a Charge For Payment following the hearing in 2009.