Schedule Of Inhibition

[asr2]

Dear all,
I have been served with the above which states that I am inhibited from selling,disposing of,burdening or otherwise affecting your land or other heritable property to the prejudice of TBI Financial Services.

What does this mean and what should I do. i applied for a tiome to pay order on 27/12 and did not hear anything from either the court or TBI's solicitors until this appeared today.

Worried sick folks urgent help and advice needed.

Many thanks.

[asr2]

Bump sorry guys I am frantic with worry.

[rory32]

What this basically means is that TBI's solicitors have applied to secure the debt on your property. The sheriff has granted this. This means you can not sell your home without first having settled the debt. Can you give some background details to your situation please? What is the debt for? Are there any penalty charges on the account and how much is the debt for roughly?

[asr2]

Hi Rory, First fact is that I do not own any property I rent, secondly the debt is for credit card originally with Liverpool Victoria and with costs is for £6800 approx. I am currently employed and am separated. Hope this helps. Cheers

[rory32]

Okay then it's not something to overly worry about. Has the decree been granted? Are there late payment fees etc. on the acount? How much are the costs?

[asr2]

Yes the decree has been granted, it was granted before the Schedule of Inhibition. There were payment charges but I dont have the exact amount, the costs were £395. The unfortunate thing is that I firmly believe that this debt was statute barred prior to the decree being granted.

[rory32]

Then you need to attempt to recall the decree. I would initially send a S.A.R - (Subject Access Request) to TBI (costs £10) by either recorded or special delivery to get a breakdown of the account and when payments were made etc (a template for bank charges is here - adapt it to your needs. They have 40 days from receipt to supply this information and it will confirm if it is statute barred. You need this information first as you only have one shot at recalling a decree.

[asr2]

Thanks Rory,

Can i still do this even tho they have escalated it to the inhibition?? and what sort bof time scale do i need to work in?
Thanks
John

PS you are a top guy and I much appreciate your time and help

[rory32]

Yes you can still do this. Once you get the info from the S.A.R - (Subject Access Request) we'll go from there. They still have to comply with the Data Protection Act even though they have the inhibition. It will take a bit of work, but if the debts statute barred then we should be able to recall the decree. The sheriff can only rule on the information given to him/her and even at this late stage the decision can be reversed. If they don't comply with the SAR within 40 days then you need to send them a Letter Before Action and if they still don't comply then you can file at court to get a court order to force them to comply.

[asr2]

Thanks again Rory. have their address from the inhibition so will send them the S.A.R - (Subject Access Request) by special delivery and enclose PO for £10. Can i keep you informed of developments thro this thread? Many thanks
John

[rory32]

Can i keep you informed of developments thro this thread?

Yes certainly. If for some reason I don't respond just PM me as I sometimes have 40+ threads in my user CP.

[asr2]

Many thanks

much appreciated,

John