Hi I am wondering if I can get some advice on a matter regarding a scottish decree which was taken out against me by Black hirse in 2012 a year into my protected trust deed.It is showing on my credit report.I was advised by a court advisor that I could maybe claim against the company who put the decree in.I phoned Black horse who told me they didnt take a decree out against me but with my partner.This is not true as I was delivered papers for the decree to my house.I forwarded these onto my trust deed adviser who said they would deal with it.what I want to know can a company still go ahead with the decree even though they were informed of my trust deed?also how am I to know my trust deed advisor actually dealt with it?Where to start I am unsure.any advice appreciated.
Hi djcoupsey
I'm not sure exactly how you could claim against the company as it would be up the solicitor acting for Blackhorse to check the position with the Trust Deed before proceeding.
Really all decree is, is confirmation that the debt exists in Scotland and the decree in normal circumstances will allow a creditor to move on to other recovery action. As the Trust Deed is in place, then any future action would be invalid as you are protected by the Trust Deed. So any potential arrestment of income etc would fail.
Best idea would be to refer matters to the Trustee to deal with.
In general it's nothing to worry about.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
thanks for your reply.I finished my trust deed in March and they told me they dont need to deal with anything now.I know what a decree is but the fact it is on my credit file and shouldnt have been taken out on me in the first place if my trust deed advisors had dealt with it.It will now always be on my file.
It may be small consolation, but it won't always be on your file. Your credit file is only a record of the last 6 years, so it should drop off in 2018.
I'm afraid the fact is that there is nothing to stop them going to court and getting a decree while you are in a Trust Deed, and your Trustee couldn't have stopped Black Horse from doing so.
It is actually pretty pointless for them to do it as they can't then go ahead and enforce the judgement. In fact it will have cost them a bit in solicitors bills etc for no reason. Your trustee isn't at fault though, djcoupsey.