Urgent Help Required Scotland

[Rabbi Burns]

I Came home to-day and a "Notice of Inhibition" has been put through the door.

 

Basically it's a complex matter relating to a loan agreement for a car which had the wrong registration details on it. Halfway through the agreement they changed the registration details without my knowledge. I sold car and was told no finance was outstanding, however Santander then took me to court. I wrote to the court explaining about registration details etc but they granted a decree to be honest don't even think they read the letter.

 

I have been corresponding with the legal department but to-day came home to find this and it states I can't sell my house etc

 

Can anyone please help and give me some advice?

[rory32]

A Notice of Inhibition does prevent you from selling your heritable property (your home). However it's not like in England where a charge has been placed against your property, it's simply a case of you have been inhibited from transfering the title to your property until the debt is paid off. Once the debt has been paid off the inhibition is removed.

The inhibition can be applied for as soon as they have the decree against you even if a time order was awarded and you have not missed a payment and indeed in these circumstances you wouldn't actually have had time to miss one. Remember an inhibition is on an individual and just stops you from doing something rather than a charge on your property as in England.

 

It only really heavily effects you if you need to move to a new job because obviously you can't sell your home and buy a new one somewhere else.

[Rabbi Burns]

Rory32 thanks very much for your help, much appreciated.

 

Could I then remove my name from the title deeds and just leave my husband's name on them?

 

I am going to see a solicitor on Tuesday, to find out about getting the decree overturned (think that's right). Trading standards have advised me to do this, but don't know about the cost.

[rory32]

Could I then remove my name from the title deeds and just leave my husband's name on them?

No, because you would be transfering your interest in the property to your husband.

 

I am going to see a solicitor on Tuesday, to find out about getting the decree overturned

It would be recalled, but your close enough.

 

What type of decree was it e.g. small claims, summary cause, ordinary cause?

[Rabbi Burns]

Not sure what sort of decree, I know it's not small claims I think it just went in front of a Sheriff and he granted it.

 

As I said, I wrote to the court explaining about all the discrepencies in the loan agreement and the next I knew a decree was granted.

 

Funny thing is the agreement says Santander, but when I spoke with the company now handling it they mentioned something about 1st credit

 

Thanks again for your help

[Rabbi Burns]

I know Rroy is the expert on this, but would appreciate any help on offer.

 

Really complex matter, basically I got a car on a loan agreement with wrong registration number (Sept 2006) halfway through loan agreement was changed without notifying me to another registration number ended up with three different registration numbers and I never owned a car with any of them (Proof from DVLA0

 

Anyway I traded the car in last May and was told there was no outstanding finance. Last August got a letter from finance company stating I owed £10,000 correspondance went back and forward. Then a letter stating that legal company now acting on finance companies behalf was taking me to court.

 

I wrote to court explaining about registration numbers etc sent recorded, never having been in this situation before I didn't know I had to attend. Anyway next thing a decree was issued, don't think court even read my letter.

 

Came in last week and a notice of inhibition was put through the door. I made an appointment this morning at a solicitor who was hopeless (sat constantly shaking his head, saying what a mess) The solicitor wants £1000 up front to start writing letters, I don't have this kind of money. He then starts talking about bankruptcy and the legal company applying to take my house off me. (Joint mortgage)

 

When I am at the solicitor, a guy came to the door and was really abusive to my son. He is now from a different legal company and wants me to sign the inhibition papers.

 

I don't know what to do or where to start, I am worried sick. Everytime I try phoning the legal company it goes straight onto voicemail, eventually spoke with a woman who ended up saying "you have been to a solicitor you have just wasted 15 minutes of my time".

 

Sorry if this is a rant and all over the place but it really is a mess and I don't know what to do.

 

Thanks for any help offered

[pirateuk]

i have also been served with an inhibition notice. i am attempting to have he decree/ccj recalled myself.

 

i also need advice but i have completed my 'minute to recall decree', see my thread on this page, "ccj/decree minute to recall". Lawyer will prob cost few ££, there are many reasons you can have a decree recalled, search the web, there are also some companies that offer there services in this area for a fee (approx £100) but not sure how good they are,

[rory32]

Last August got a letter from finance company stating I owed £10,000 correspondance went back and forward. Then a letter stating that legal company now acting on finance companies behalf was taking me to court.

Did you receive an initial writ?

 

The type of action that was taken against you was an ordinary cause action, you should have received an initial writ either by recorded delivery or delivered by a sheriffs officer along with a few other forms to either admit or deny the claim against you.

 

Anyway next thing a decree was issued, don't think court even read my letter.

What does the decree state?

 

He then starts talking about bankruptcy and the legal company applying to take my house off me.

Realistically this is highly unlikely to happen. An inhibition simply stops you from selling your heritable property (your home). It does not place a charge over it.

 

What area of Glasgow do you live in?

[Rabbi Burns]

Sorry for not replying earlier I had to go out.

 

Received a writ attached to the citation from the court. On the letter from the court it asked if I accepted or intended to defend action. This is when I wrote to the court and also filled in form stating I denied it, then the decree arrived.

 

Decree states - EXTRACT DEGREE FOR Payment

 

Sheriff Court **** then crt ref ****

 

Date of decree December 2008

 

Finance companies name then my name

 

The Sheriff granted decree against the defender for payment to pursuer of the undernoted terms

 

Sum decerned £10107.40 with interest at 11.40 per cent per annum from the December 2008 until payment and granted decree against the defender fro payment expenses of 3330.55

 

This extract is warrant for all lawful execution hereon

 

Signed by Sheriff Clerk depute, dated January 2009 and the legal company with address

 

Live just outside Glasgow EK

 

 

Thanks for the replies, have calmed down a bit, but don't know what to do next:confused:

[Rabbi Burns]

I forgot to mention, that the writ has the wrong registration number on it, does anyone know if this makes a difference.

[Rabbi Burns]

To-day I had Sheriff Officers at the door along with the Police to serve another inhibition notice. Told them I already had one posted through the door last week, and they more or less called me a liar.

 

When they left I asked the police what is their definitation of harassment, and they said they are Sheriff Officers they can come as many times as they want.

 

Is this correct? At the door last week and posted inhibition notice through the door not even in an envelope, was at the door on Tuesday and really abusive to my son who was abusive back, that's why they brought the police to-day.

 

This is getting ridiculous now so thanks for any help offered

[Rabbi Burns]

Can anyone help with the harassment question?

 

Thanks