Decree awarded in error

[braap]

In early 2009 I took liability for £470 of my partners rent arrears when she moved out in order to gain tenancy of the council house we both lived in. All the arrears were paid off within a few months and everything was fine. Skip ahead 5 years, April 2014 I receive a letter from a debt company for £220. The company had to contact the council to find out what it was for and it turned out to be "court fees" awarded against me by the court for the rent arrears that I had no idea about.

 

I asked the council why I never received any notice of fees and they said it had been hand delivered to my house on April 2010 and had been to court 6 times since. The only problem was I moved from the address 2 months previously so I never received anything. They eventually reached the conclusion that the debt was not recoverable due to incompetence and they would inform the debt company.

 

So what I want to know is does this mean I have 6 Scottish versions of CCJs? Also are the council able to start the process of getting the court fees again under my new address? I was told the fees would be the equivalent of £350 in 2014, would this be the court fee alone or has it added up over time and other fees added on? I understand if I request for the judgments to be removed the case will be started again but as I paid the arrears would this happen?

Edited April 27, 2014 by braap

[maroondevo52]

Hello and Welcome,

 

Details of Scottish decrees are supplied by the sheriff courts to the Registry Trust. The Registry Trust maintain a public register containing all small claims and summary cause money decrees granted in the sheriff courts during the preceding six years. The Scottish Register also contains details of ordinary cause decrees dated 1st January 2010 onwards.

 

The Registry Trust notifies credit reference agencies of all decrees, recalls and dismissals on a regular basis and the credit reference agencies update your credit file accordingly.

 

If a decree has been issued in error it can be ‘set aside’ and evidence of it completely removed from your files. If you have a query about your Scottish decree you should contact the issuing Sheriff's Court as only they can advise on court matters.

 

You will have to check with Trustonline to see if any judgements have been recorded against you...............

 

http://www.trustonline.org.uk/

 

It would also be advisable to check your Credit File.