You should receive a court summons explaining the details of a decree which will provide you with the opportunity to dispute it.
You may not receive the court summons if you have moved address and have not notified the pursuer.
Once the decree has been granted details are submitted to Registry Trust for inclusion on the public Register.
We will contact you by letter, using the information provided to us by the court, to let you know that a decree is due to go on to the Register.
To be sure that you are not adversely affected by incorrect data we place your record in a holding area for a period of 4 weeks from the date of our notification letter to allow you to provide us with proof of payment.
If no correspondence is received during this time frame, the decree will be made publically available on the public Register and will also be passed to the credit reference agencies for inclusion in their files.
If the decree is paid within a calendar month of the decree date and proof of payment is provided to us, we will remove the decree.
If it’s paid within a calendar month of the decree date and proof of payment is received by us within thirty days from the date of our letter, the judgment will never go onto our Register or be sent to the credit reference agencies.
The Register for Scotland contains details of undefended money decrees submitted in the Sheriff Courts as either small claims, summary cause, simple procedure or ordinary causes.
The information appearing on the Register is as follows:
- The name and address the decree was recorded against
• Court name and case number
• Name and address of defender
• Date and amount of decree (excluding costs)
• Details of ‘satisfaction’ once Registry Trust has been provided with proof of payment
The Scottish Courts Administration Service do not have the facility to add a date of birth to a decree the court sends over to us and as such we receive these without a date of birth.
We do not hold or make publicly available Pursuers details, but these can be obtained from the relevant Sheriff Court for a search fee if you have the case number.
Decrees stay on the public Register for 6 years unless recalled or reponed by the court, dismissed, paid before the court action or paid in full within one calendar month from the date of decree. If the decree was entered in error an application should be made to the court to have the decree recalled/reponed and if granted, Registry Trust is notified and the item removed from the Register.
If the debt was paid before the court action or, within one calendar month from the date of decree, the entry can be removed from the Register upon provision to Registry Trust of the necessary evidence.
Details of these decrees and any subsequent amendments are passed to the credit reference agencies for inclusion in their files.
Click here for more information on how to satisfy a decree.