CCJ taken out on me...
 
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CCJ taken out on me AFTER my deed became protected

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(@davidgould)
Active Member
Joined: 2 years ago
Posts: 7
Topic starter  

Good evening all first post - hello to all

ย 

My problem here is that i entered into a trust deed Sep 2018 - it became protected soon after - then on May 2019 - one of the creditors took me to court ( not in person ) and took out a CCJ against me -ย  Now the deed was protected which means that none of the creditors could take any more action against me but this CCJ happened after the protection.ย  Surley this is not allowed? i should have some grounds to have this removed ?


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Hi David.ย  Welcome to the forum and thank you for your posts so far.

There actually isn't anything to stop a creditor seeking a court judgement against you for a debt that is subject to a Protected Trust Deed.ย  I think it is probably fairly unusual though as there isn't much point in them doing so if you are in a PTD.

A court judgement (it is called a decree in Scotland) is just a formal decision that the debt is owed by you to them.ย  Creditors would then usually use this as a basis to take legal recovery action, but as you are in a PTD then they are prohibited from doing so.ย  I guess it is possible that they have done this so they can take action more quickly if your trust deed is terminated for some reason, but more likely I think is that it was an oversight on their part and they have spent money on legal action that is actually useless to them.

Once you successfully complete your Trust Deed then they will need to write off the debt and mark your credit file accordingly, regardless of their decree/CCJ.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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