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Jambo Piper

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  1. Just spoken with a Lawyer over this. In Scotland, a creditor can hold a court decree up to 20 years without any further action. Any expiry dates come into effect 5 years (depending on course of action), after the date of service of said action - so in my case, the schedule of inhibition will expire 5 years after it was served - which was only last week. Further to that, the creditor is free to apply for another schedule of inhibition immediatly after the original has expired. Boo. Looks like Im going to have to pay.
  2. Hmm. I just had a look at the "titles to land consolidation (Scotland) act 1868" as above and found this; 149Date on which inhibition takes effect In the Titles to Land Consolidation (Scotland) Act 1868 (c. 101) (in this Chapter, the 1868 Act), for section 155 (date on which inhibitions take effect) substitute 155Date on which inhibition takes effect (1)An inhibition has effect from the beginning of the day on which it is registered unless the circumstances referred to in subsection (2) below apply. (2)Those circumstances are: (a)a notice of inhibition is registered in the Register of Inhibitions; (b)the schedule of inhibition is served on the debtor after that notice is registered; and ©the inhibition is registered before the expiry of the period of 21 days beginning with the day on which the notice is registered. (3)In those circumstances the inhibition has effect from the beginning of the day on which the schedule of inhibition is served. (4)A notice of inhibition must be in (or as nearly as may be in) the form prescribed.”. As this notice wasnt served on me until 16/05/12, then I think they might be within the law. However, I have no idea if schedule had already been registered in the Register of Inhibitions, indeed if it has even been registered yet? Which begs the question of how long a creditor can hold onto a decree granted in a court before using it to issue an inhibition notice?
  3. Wow! You guys are good. I have looked closely at the actual wording - I have it here in front of me. It looks like its the actual Sheriff Officer who carries out the inhibition rather than the court/creditor? I will write word for word as I dont have a scanner to copy it; SCHEDULE OF INHIBITION Date of Service; 16/05/12 To MR JAMBO PIPER of BLAH BLAH In her majestys name and authority and in the name and authority of the sheriff, I ******, sheriff officer, by virtue of a decree by the sheriff Court at ******* granted on the fourth day of June, Two Thousand and Five, inhibit you from selling, disposing of, burdening or otherwise affecting all land and heritable property in which you have an interest to the prejudice of (ex wifes name), (ex wifes address). This I do in the presence of ********, Officers Assistant, Witness (address of Sheriff officer office) We are instructed in this action by Scottish Legal Aid Board, Drumsheugh Gardens, Edinburgh to whom all payments and correspondance should be directed, quoting ref **** (A copy of debt advice and info package accompanies this Schedule) After speaking with the Scottish legal aid board, I was given three peices of information, with a load of spraff in between! 1) After asking why they simply hadnt written to me - "We do not like issuing inhibition notices, however it is the only tool we have to recover tax payers money" 2) "The inhibition will be enforced if full payment isnt received today". (By enforcement I think she meant attachment to my property? Im guessing since the order was granted back in 2005 it has simply been hanging in limbo waiting to be attached to something?) 3) "it will effect your credit rating enormously" Having looked at the paperwork again, is the 5 year expiry date from the date of service, ie when the Sheriffs Officer decides to inhibit, or from the day the initial inhibition was granted in court?
  4. Hi All. Apologies if posting in wrong forum, couldnt find anything similar elsewhere. I am basically looking for some advice to make sure I dont leave myself open to further issues. For the record, I am, and all action, is Scottish based. Following my divorce back in 2004, it was decided that the legal expenses were deemed payable by me. The Scottish Legal Aid board then demanded payment (£3447.21) and I explained at the time I was in no position to pay, with barely enough income to allow me to eat at the time. They sent a chap to my house, who filled out a form with me, pretty much confirming my position at that time. I have never heard anything since from the Scottish Legal Aid Board. Since then, I have spent the last 6 years desperately trying to clean up my credit records, pay off all my debts, and try to return my life back to some sort of normallity, which for the main part, I have managed to do. I was even able to eventually get myself a mortgage (albeit from a "fringe" broker with higher than normal interest rates), and bought a small 1 bedroomed property, perfect for me. Then the bombshell! It would appear that a schedule of inhibition was granted on the 4/06/2005, which would prevent me from selling any property or land unless this legal aid debt was paid. I had no idea whatsoever this inhibition schedule had been granted until last week and even when I did eventually sell my small property back in 2009, nothing was brought up, mentioned, or apparant then. Last week, completely out the blue, a Sheriffs officer appeared at my current property and posted through the door a copy of this very inhibition notice. He then chapped both my neighbours doors asking where I worked, what vehicle I drove, when was I likely to be home etc etc. All pretty embarressing for me. Natuarally I called the number on the attached letter, and was surprised to find it was for the expenses awarded against me back in 2005. I explained I had no idea this inhibition had been granted, and asked why they simply hadnt written to me? They said they had written to me back in 2010, and the letter was signed for by (an ex girlfriend who lived briefly at this new property whilst I was working up North for a few months). I genuinely knew nothing about this. I can only assume the letter was set aside, and was perhaps accidently disposed of before I had a chance to read? Despite explaining this, I have been told to pay the full amount by close of business today, or this order will be enforced - affecting my credit rating etc. The total amount is £3672.37 which is the original charge, + serving fees of £114.48, + charge fees of £110.68. This will all but wipe out my entire savings which I have managed to accrue over the last two years or so (after finally paying off all my debts) through hard work and being extremey careful with my money. I just feel I am back to square one again, and wish I had known about this from the start - and was given a chance to come to some agreement in terms of paying this up. At very worst, a fair portion of it may have been paid by now. Should I, (indeed can I?) challange the order and risk my credit status all over again, or should I simply pay the lot and be left with nothing again? Or should I pay the expenses and challange the fees? Im not sure what to do here - but not thinking clearly due to the shock of it all. Any advice would be appreciated. Thanks in advance.
  5. Blatent push back to the top - sorry, but kinda worried as my reply has to with them tomorrow apparantly :s
  6. Just to clarify, it is British Gas that are chasing this, via Wescot! I have recieved a reply from Wescot, following the letter I sent as above. It simply says: "In order for us to continue with your enquiry, it would be most helpful if you could confirm the last three addresses that you have resided at together with the dates you vacated. We look forward to hearing from you within the next seven days" The letter is dated the 13th, although I only recieved this morning, 17th. I dont understand why they are asking this as response to my initial letter. Firstly, they know my current address as they have sent the letters here, and they know the address of the disputed bill. So why are they asking for address prior to that? They have no bearing whatsoever on the disputed bill! Secondly, the response to my initial letter doesnt answer any of the questions originally asked? Should I ignore their request for further info? Bearing in mind it would appear I only have 3 days left to respond. Thanks once again for your time.
  7. PS, when you say dont sign it, do you mean omitt my name altogether, or just dont physically sign it?
  8. Brilliant! I never thought of approaching with this angle, that they would need to prove I owe this amount. Thanks very much. JP
  9. Hi! I have just recieved a demand from Wescot for £1754 for Electricity (I think!) supplied by British Gas Trading Ltd, used at a previous address. I moved into my new property in July last year, this bill is for my previous address. From approx July 2007 until I moved in 2008, my electricty and gas was supplied by Npower, not British gas. During my time in this address, I cant actually recall my meter ever being read on a single occasion. While I dont dispute that there may be a possibility that I do owe them money, I cant believe for a minute the amount is this high. My previous address was a single bedroomed small cottage with no heating (coal fire). The letter doesnt say if its for gas or electric, Im assuming the latter as the only gas used in the property was for a single hob! I was paying the gas on a budget account of £2 per month - so that lets you know how little gas was being used. There are no dates or indications of how they came to this figure? I am going to write to Wescot for clarification of the amount, and a breakdown of the total. Any tips on how I should approach this, as I dont want to get myself into a debt I cant afford, especially if the amount being demanded is wrong in the first instance? thanks for your time! JP
  10. Having looked at my original post again, it doesnt really give much away, so just to clarify - I noticed on my credit file that I have one default, from GE Cap, registered on July 2003. The deliquent sum is only £112 (but at that time it might as well as been a million - I was in so much difficulties.) Now, having recently obtained a cred report as I am now going to be a daddy, and desperatly need to get a mortgage, this default is jumping out like a big flashing beacon, and along with a Decree registered in 2005, is pretty much stopping me from using a main stream lender. The Decree is in hand, as I discovered that it has been wrongly entered as the debt was paid in full within the 28 day period - the ball is rolling to have it removed. But this default, what can I do? I sent the above letter, but to date I have had no reply, nothing. I could pay the £112, but since GE Cap have never been in touch since 2003, Im not really wanting to open a can of worms if I dont need to, Im not even sure how I would go about paying it. The second fear, if I did pay it, and they decided to mark my file as 'satisfied', it would end up being on file for another six years, satisfied, but a default none the less. So my line of thought is, if GE Cap couldnt provide the CCA, then that would make the dedt unenforceable. If its unenforceable, then there must be a way of having it removed from my Cred file altogether? Hence the letter being sent to them..... So to sum up - Im I better trying to persue the credit file cleaning route, or just pay the £112 and live with the consequencies of a satisfied default for the next 6 years? Any help would be gratefully appreciated. JP
  11. Hello again guys! Following the advice of these forums, I sent this letter below to GE Cap bank. However, as I havent had any reply, and my credit file remains as it was, I was wondering what the next step should be? Any help would be appreciated. Thanks again in advance. JP
  12. Hi. After following the advice on this forum so far, I am now in a position to have my CCJ (hopefully!) removed or set aside. Basically the company have sent me a letter that the debt has been satisfied, and Im confident they will also send me a letter to agree to having the CCJ set aside. The circumstances of the CCJ were basically due to a communication error on my part, and the debt was fully repaid within what I assumed was the 28 day period. Problem was, I took the 28 day period from the date of Extract, not from the date of the hearing, as I should have. This meant I missed the "cut-off" by 8 days. My problem is what to do now? I believe I have to write to the court asking for the CCJ to be set aside, enclosing the satisfaction letter, and hopefully, a letter from the company agreeing to have the CCJ set aside. I know which court to write to and the case ref number. Is that all I have to do? Is setting aside the same as removing? I was wondering if anyone had a template letter I could use to write to the court? Thanks for your time JP
  13. Hi Guys. Relatively new here, but massively impressed by the support and information available on the site! However, I was woundering if there were any template letters I could use to write to the registry trust regarding the possibility of having a CCJ removed? Should I even be writing to them? Basically, to cut a long story short, I had a CCJ registered against my name on March 8th 2005 (hearing date) The Decree was extracted on 23 March 2005 I paid off the debt fully on 13 April 2005. Now heres my problem. I understood that a CCJ could be removed as long as the debt was settled within 28 days. On the basis of this, I physically visited the office of company concerned and paid off the debt in full. I also recieved a letter of satisfaction to confirm this. However, due to my stupidity and lack of expertise, I assumed the date the 28 day period started was from the 23 March, the date of the extract. I have just learned however, the date started from the hearing date, the 8th March. This of course meant the debt should have been settled on or before the 5th April, not 27th as I thought. Now for the sake of just 8 days, it looks like Im going to stuck with a CCJ for the next 6yrs, (well, 3yrs!) because I got my dates/facts wrong. Im in a situation now where I need to get a new mortgage, (going to be a Daddy!) and no mainstream bank will even look at me because of this. my intention was to write to the Land Registry and explain what happened, in the hope the can overlook my mistake and remove the CCJ. Any help would be greatly appreciated. JP
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