Welcome to the forum droog.

Creditors covered by a protected trust deed cannot initiate legal action against you. You're protected from them.

Did you complete your trust deed successfully, droog? If so, then you were discharged from all debts that in existence before the date of signing of the trust deed and cannot be pursued for them any longer.

Thx for you response TDA and Kevin, i shall try to explain in a little more detail
I took out a TD 4/6/8 with moore stephens now scott-moncreif and it became protected i Succesfully discahrged 3 years later. During that time i looked at my credit file only to find that welcome finance who were one of my creditors had persued me through the court and i recieved a county court judgement on my credit file I wrote to Irwin mitchell who pursued this action on behalf of welcome They agreed and sent me a consent order to sign to so they could have this removed from my file Northampton court refused and stayed the order saying they cannot proceed as they have no evidence of scottish law and that it needs to be supported by evidence from a lawyer who practices in scottish laws!!!! I cannot understand why if both parties agree that this has to be removed that there should be no problem sorry about the lon life story any advise or help would be appreciated

thx Droog

Did the judgement happen before or after you were discharged, droog?

Does it have to be done through the court - just wondering if maybe you would have more luck going through the credit reference agency to have it removed from your file, with the consent of the creditor.

Hi Kevin, it happened when it was protected i know its a bit late and i got myself in debt in the first place but if creditors know you are in a protected deed can they still pursue you through the courts? Just feel this judgement should be waved
so i can get it of my file and can move on regards

Hi Again, can i ask this question can a company that already know you are in a protected trust deed still file a county court judgement claim against you to the courts in England thx

A protected trust deed prevents creditors from enforcing their debts; ie they are unable to use a CCJ (England) or decree (Scotland) to carry out wage arrestments/bank arrestments/petition for bankruptcy etc.

However all a decree or CCJ is is a formal confirmation that a debt is owed and is in default. I don't think there is anything to stop a creditor from seeking a decree or CCJ whilst in a protected trust deed, they just aren't able to do anything with it - which is probably why the vast majority of creditors wouldn't bother to get one if a PTD is in place.

I'm confused about this point -

If droog was resident in Scotland, under the jurisdiction of the Scottish courts, how was it possible that a creditor could obtain a County Court Judgement under English law?

Is the judgement even valid under those circumstances?

We're you resident in England at some point in the past droog?

I was TDA when i took out my td i did not fwd my new address details to the creditor involved and the first i new of it was when i checked my credit file

That may help to answer Candlewick's point.

I guess the creditor is entitled to serve paperwork at the address provided by their client, and the Court couldn't know any different. Where no response is received the CCJ would be awarded.

Whether its possible to overturn that later I don't know I'm afraid.

Hi, Just an update to say i have had the ccj removed from my credit file! The reason is i sent an email to the solicitors working on behalf of my creditor at the time and they inturn sent a letter to the county court to as for it to be removed as i was in a trust deed at that time!!! Happy days!! PS thanks for all your comment and help on this forum Regards Droog

Great news droog.

I'm glad to hear that you've been able to sort it out.