My question that I do not seem to get an answer for is this...

Is my debt with Natwest time barred or do the inhibition and intimation affect it?

I have worked to pay off/clear all my debts totalling about £20k but there is one I just cannot seem to be rid of.

An overdraft of £600 that turned into a debt of £8k due to their charges and interests!

Here's a brief timeline.

. 2006 Default occurred.

. 13.9.2011 an inhibition was granted by the Sheriff's court

. At this point we had paid back much more than the original £600 and refused to pay any more.

writing to them got us no where.

From this point on we made token payments,

which despite our income and expenditure they said they refused yet still banked.

. 10/1/12 last token payment made

. We have not acknowledged the debt since or written to them ourselves since January 2012.

. 8/10/12 In an effort to sort out our situation we went to the CAB who put an intimation in place.

We never actually used the plan proposed by CAB as it really didn't help us beyond what we were already doing to remedy our full financial situation.

. 9/10/2012 Anderson Strathern send an earnings arrestment to the local authority assuming I was working for them.

They disclosed my debt and personal details in a huge breach of data protection.

. 15/10/16 We tried to apply to remortgage our home to clean up the last of our debt but the matter of the inhibition came up.

I was told they expire after 2 years, now I am told it is 5.

So it possibly hadn't expired when we applied for the remortgage.

This was the only block to our application.

There are dates and interest rates missing from the court paperwork completely, and we have letters that give different figures of what we owe (one month £8k then 3 months later £14!)

the discrepancies are multiple.

The debt has been passed to various other collection agencies although I'm not sure it's been sold.

Inhibitions do have limitations:

They cannot be applied where prior missives have been concluded or where property is being sold under Power of Sale (following repossession by a mortgage).

A Sheriff can limit them if a decree has already been granted e.g. transfer of property to someone else. (Where an inhibition is limited it only applies to the property specified in the action, or by the Sheriff.)

It is valid for 5 years from the date it is registered in the Register of Inhibitions and Adjudications.

It isn’t valid after the outstanding amount is paid in full, the 5 year period expires or on the death of the debtor. However a pursuer can seek to renew the inhibition. The expenses of the inhibition, including those expenses relating to the discharge of the inhibition also require to be paid by the defender.

Regards

Andy

Does that affect time barring?

with this particular debt it should be time barred, but are you saying the inhibition can be renewed regardless?

Inhibitions do have limitations:

 

They cannot be applied where prior missives have been concluded or where property is being sold under Power of Sale (following repossession by a mortgage).

 

A Sheriff can limit them if a decree has already been granted e.g. transfer of property to someone else. (Where an inhibition is limited it only applies to the property specified in the action, or by the Sheriff.)

 

It is valid for 5 years from the date it is registered in the Register of Inhibitions and Adjudications.

 

It isn’t valid after the outstanding amount is paid in full, the 5 year period expires or on the death of the debtor. However a pursuer can seek to renew the inhibition. The expenses of the inhibition, including those expenses relating to the discharge of the inhibition also require to be paid by the defender.

 

Regards

 

Andy

Does that affect time barring?

With this particular debt it should be time barred, but are you saying the inhibition can be renewed regardless?

only if they have sought to renew it.

can you expand on the bit you say its been passd around various debt collectors?

do you mean DCA's

list the names that have cropped up over time with it.

WAS IT natwest that did it or they sold the debt and it was a DCA that got the decree then an inhibition?

who were you paying till you stopped?

dx

Natwest got the decree.

We were paying Anderson Strathern when we stopped payments. It was our understanding that they were acting solicitors for Natwest. I do not know if Natwest had sold the debt or not.

I cannot remember all of the debt collectors and yes I suppose I do mean DCA's but the first was Apex Credit Management, and it's currently Allied International Ltd

both are total bottom feeders

I well believe that. BT's choose to refuse service and turning the ringer off on our landline has worked wonders, but somehow Allied International got hold of my mobile! (I have had the same number for 10 years and am very careful to only hand out to work and family).

I have received a letter confirming the last action on the account as the date I have given

I just want to know if I can write the statute barred letter or not.

at some point in the past you have phoned someone from the mobile and the number was captured. Companies sell on lists of peoples details and these and up in the hands of these low lifes.

In days before computers and mobile technology you trawled the small ads of Private Eye to see who was selling on improperly obtained data.

A lot of data leaks out of call centres in India and you can buy the personal details of say 10000 mobile phone customers for 20p each.

Once you have invested you money in that illegal activity you sell on copies or refined data to get your money back and some.

Person I'd keep quiet