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Scottish Trust Deed Forum
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Topic starter
24/10/2016 8:10 pm
Hi
Wondering if anyone can help.
I have had a decree for debt registered in my name.
The decree has been registered in my name for an amount of let's say £10000 and has been registered as such with Registry Trust. The amount owed subsequently rose by £10000 to £20000 but the amount of the registered decree remained at £10000. An amount of £12000 has subsequently been received by the debtor. My question, the registered decree has as far as I am aware been settled, should this not in some way be reflected? and what if any actions can the debtor take over the outstanding £8000 given that this was not registered in the original decree?
24/10/2016 8:40 pm
The amount of the decree is whatever it is at the point that it is awarded in court. There is also usually interest awarded, which can accrue at a specified rate, and often expenses on top too.
Other than on your credit rating, I'm not sure that there is anywhere where a decree is shown as "settled" though you could check with Registry Trust.
What is the reason the debt rose from £10000 to £20000?
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
Topic starter
24/10/2016 8:50 pm
Thanks Kevin
I would rather not go into the details of the debt/decree. The appearance of the decree has already meant me missing out on a job offer and was just wondering what further action the debtor could take given that the original amount of the decree has now been repaid. I did contact Registry Trust to enquire about this but they refused to give me any information as I did not have the required reference numbers.
24/10/2016 10:40 pm
I suppose it boils down to whether the debt being pursued is the same debt as originally taken to court or not. Without knowing how the debt has doubled it is difficult to answer the question. In any case this is more of a legal dispute by the sound of things, so sorry if it sounds like a cop out but the best place to get advice would be a solicitor rather than this forum.
Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.
25/10/2016 10:34 am
Hi there Gresgow
Did you receive confirmation that the payment of £12,000 made by you was set against the sum awarded by the decree as opposed to paying off the subsequent balance increase?
If indeed you did pay off the sum awarded by the decree you should contact the solicitors who acted for the creditor when they obtained the decree and ask them for a letter of satisfaction. The letter should include:
Court where decree was awarded
Date of decree
Court reference
Date final payment in relation to the decree was made, and
Confirmation that no balance - in terms of the decree remains outstanding.
Once you receive this you should issue a copy to the Registry Trust and they should then proceed to contact the relevant credit agencies in order to have the decree marked as settled.
The initial court summons served on you in terms of the decree should detail the solicitors who were acting, although in some cases the creditor will have acted themselves and therefore they should be able to issue the required letter.
