Scottish and English debt laws are different, so if you are a Scottish resident and have questions on debt, then this is the place to post.

Moderators: TalbotWoods, JaneClack

By Bigjazzy
#468943 I was wondering if someone could advise as I am tearing my hair out just now. I have just called the sheriff court and they have confirmed that in 2010 NRAM got a decree against against my name.

I have also come across a letter from 2010 where NRAM solicitors confirms that they have the decree but have put enforcing on hold. I have heard noting back from NRAM and checking all three CRA's there is no decree or judgements against me and also on trustonline.

I just have 3 questions:

1. Will a judgement show on my CRA only if it is enforced by NRAM
2. If say this year NRAM decide to enforce the decree, would it be lodged at the date in 2010 or would it be 2014. The court decree was granted in 2014.
3. If the debt is sold will the new creditor be able to enforce the same decree or will they have to apply in the court for a new decree.

Many thanks
User avatar
By TalbotWoods
#468963 Hi again

I know Sarah has touched on the prescription bits before, so you know that it will not become barred until 20 years has elapsed. Now depending on what was included in the original decree, there may be a clue.

If it is for just shortfall, then they will give you a few years to sort yourself out before they come looking to deal with this, if it allowed any interest to be added, then they will happily let it run building even more charges up (Remember a decree does normally have 8% per annum added unless you asked interest to be excluded, and had reason to ask for it be excluded and the court to agree to this.)

Normally a decree would sit on your CRAs and most definably would sit on the Trustonline system. If it is not then I would suggest a cheeky call the to the issuing court to 'confirm if interest was awarded or not'. This wont give the game away if it had not been progressed correctly, but it may also be the case that for some reason the decree was never finalised, so not actually issued!!

Irrespective of when or if they go to enforce it or not it will date form the date it was ORIGINALLY issued.

A new owner would not have to go to court, as the owner is legally allowed to sell it on to who they so decide to!

And a final thought NRAM are reported to have misplaced/lost/mucked up a number for CCJs and Decrees in 2010, so with this as a possibility that is why I hinted at asking the court to check. Well you never know!

Tim
By Bigjazzy
#469003 Thank you Tim.

I have called the sheriff court and they have confirmed 100% that the decree was granted in 2010. I have checked all three reference agencies and there is no decree registered. I have also checked trust online.

The clerk at the court told me it was granted and it is upto the creditor to enforce it? NRAM on my credit file says settled and there is no other creditor that has taken and registered the debt on my credit report.

My unsecured element (it was a together mortgage) is now Statute Barred as I last acknowledged the debt in March 2009, however I need to clarify this decree.

Does a creditor have to do something after the decree is granted i.e is there another step? Surely if there was a decree then this would appear on my CRA and more importantly Trustonline?

Thanks
User avatar
By TalbotWoods
#469083 OK this one that they appear to be sitting on, and I suspect it is because it is one that that they can benefit from at a later date. SO as to when and if they enforce it will be up to them, unless you push the issue with them.

I agree that the Decree should be showing on the systems, and I am at a lost as to why it isn't, UNLESS it is one of the reputed lost CCJs/Decrees that went astray in 2010. (I say reputed because I have heard of other advisers say they have found a few missing from that time, but other (like myself) who haven't come across this yet).

So there appears to only two routes open now, one is contact NRAM and query it yourself, but that may open a whole bag of worms, the other is to wait and see, but that again can open a whole bag of worms. You have done all that you can do to confirm that it exists.

If you do contact NRAM you will need to confirm the Decree, what it covered, and the terms on the Decree (interest etc). It maybe that they them selves have sold it on and the new owners have not updated the CRAs corrected, (but that would not explain the Registry Trust not having an entry).

Tim
By Bigjazzy
#469163 Thank you Tim for all your assistance.

The courts have confirmed that the decree was issued yet its not showing on trustsonline! I just need to ride this out as even if they did put it on it will come of in 2 years anyway.

I need to now work on a strategy for full and final offers to NRAM, and stop looking over my shoulders!

I will update the board on my F&F dealings with NRAM.

Thanks again.