I have been told that I have a CCJ on my credit file. What does this mean?
Money judgments issued by sheriff courts in Scotland are called decrees. Decrees are the Scottish equivalent to money judgments, known as county court judgments or CCJs, in England and Wales.
Details of Scottish decrees are supplied by the sheriff courts to the Registry Trust. The Registry Trust maintain a public register containing all simple procedure, small claims and summary cause money decrees granted in the sheriff courts during the preceding six years. The Scottish Register also contains details of ordinary cause decrees dated 1st January 2010 onwards.
The Registry Trust notifies credit reference agencies of all decrees, recalls and dismissals on a regular basis and the credit reference agencies update your credit file accordingly.
How can I get a money judgment marked as satisfied on my credit file?
A Scottish decree, like a CCJ, will remain on your credit file for 6 years from the original judgment date, whether the balance has been paid or not. Once a decree has been paid, it should show as satisfied on your credit file.
The procedure in respect of certificates of satisfaction in Scotland is different to that in England and Wales. In Scotland, it is not the court that issues the certificate and you will need to take the following steps:
- If you do not have full details of the judgment, initially you can contact the court at which the action was raised for information. You can find contact details for all courts on the Court Locations page.
- If the debt has been paid in full, you will have to get a letter of satisfaction from the pursuer in the action, or the pursuer's solicitor, explaining that the debt has been paid. The written evidence should confirm:
- Name of the court
- Case number
- Date of decree
- Amount of decree
- Date that the debt was repaid in full
The procedure which needs to be followed in order for a decree held on the Scottish Register to be marked as satisfied is explained on the Registry Trust website.
How can I get a money judgment removed from my credit file?
Decrees are only removed from the Register if they are recalled by the court, entered in error or paid in full within one calendar month of the date of decree.
If the decree was paid prior to the court date or entered in error you can apply for a recall through the court (see FAQ below for more information). Alternatively you should request a letter from the pursuers or their solicitors confirming that the decree went ahead in error or was paid in full within one calendar month of the date of the decree. The letter should confirm:
- Name of the court
- Case number
- Date of decree
- Amount of decree
You should then forward the original written evidence to Registry Trust Limited 153 - 157 Cleveland Street London W1T 6QW together with their administration fee and confirmation of your name and address at the time of the decree.
The procedure which needs to be followed in order for a decree to be removed from the Scottish Register is explained on the Registry Trust website.
How can I get a decree/decision of the sheriff recalled by the court?
In certain circumstances, you may be able to apply to the court to have the decree or decision of the sheriff recalled (for example, if you had no knowledge of the case).
For information about recalling a decision of the sheriff in a Simple Procedure, you should read rules 13.5 to 13.7 of the Simple Procedure Rules
There is more information about recalling a decree in the small claim guidance notes - see booklet 'Going to Court ' section 4.25.
Similar information can be found in the summary cause guidance notes - see booklet 'Going to Court' section 4.26 and 'Going to Court - Personal Injury Action' section 4.23.
If the decree was granted under the ordinary cause rules we would recommend seeking legal advice as the procedure is more complex; the Law Society of Scotland can provide contact details for solicitors in your area.
What should I do if the information on the register is wrong?
If the information on the register is wrong, contact the Registry Trust directly in order that they can check the details with the court.