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 mike1y111
#49637 I read somewhere that statute barred does not qualify if the comapny got a ccj against you. However i heard that the comapny will have to go to court but you could apply to the court to remove the ccj. Under what cercumstances could you get the court to remove the ccj?

#49848 You are in Scotland so it would have been a Scottish decree not a CCJ-although they are similar they have slight technical differences. You can ask for a Minute of Recall of a decree, the usual circumstances are

1.You MUST have a defence eg you dont owe the debt or the sum is wrong

2.You must not have defended it when it was called into Court the first time.

However I believe there is a time limit on getting this , I dont have the technical info on this to hand, so will need to wait till Monday till IM back at work.
By mike1y111
#49941 I dont know if they got a decree as i moved from the property. I want the 5years to be up so that any debts without decrees, i can use the limitation act. But any of the ones that do have a decree i casn make offers to. I would like to check my credit file at the address to find out what happened but am too scared as i will have to give my present address, and i dont want to open this grave. However i want to able to rest easy.

I have posted an message on when the 5 year would have started. So that when it is up then i will bite the bullet and even if the debt is not due under the limitations act i would be keep to make the companies an offer.

There were four big debts £15000 £10000 £9000 £8000 the rest were small CC debts. SO i would be surprised if the bigger debts didnt have decrees on them.

Many thanks