HFC Marbles Loan Inhibition Order Help

[bluedogx]

Thanks for clearing up, was panicking any buyer would be told there's an inhibition order on the property and then run a mile, can't blame them, I'd not want the hassle either!

 

I can pay them a monthly amount now, unsure how responsive they'd be to that. My concern is that the amount is made up of charges etc and as I've never had a breakdown of costs I'd basically be paying for an unknown sum.

The charges will be made up of solicitors fees, court costs, interest etc.

 

Can I still ask for a Subject Access Request at this stage? Do the solicitor provide this or does HFC?

I cant see why you couldnt do this. If you send it to the solicitor, they will add any info they have and then pass it to HFC.

 

Also I assume when they were awarded decree in court they showed the court that I owed them that money and gave them a breakdown of the costs, was I not entitled to that?

 

There is lots of paperwork involved in court actions. They would have sent you a default notice, a citation giving you the chance to apply for time for pay, and a notice of intention to defend. If they did mot receive anything at court from you, they would normally get the decree by default - since you did not defend the action.

 

It really is a pain trying to deal with this from England and the court is in Scotland.

 

CAB down here can't even help me because it is Scottish law!

 

The CAB should be able to help up to a point

- if HFC want to enforce the decree,

they will have to have it rubber stamped in a court in England.

 

 

English law applies here as you live in England.

Scottish court decrees have no more validity in England than English CCJ's have in Scotland

- they just have to figure out how to make them enforceable in different jurisdictions.

 

Go on to the Scottish courts website and look up Time to pay orders

- the same as a time to pay direction, but applies after decree is granted.

print one off and I think there is also help on how to complete it.

 

 

You might have to phone the Sheriff clerk to check if you can do this without turning up at court.

Try to make a reasonable offer

- £xx per month with balance on completion of sale of house or some thing like this.

Or, just ask if they will take a monthly payment that you can afford until the house sells.

 

 

Now they have an inhibition, they know they will get their money back, and some creditors are happy with this.

[patrickq1]

VERY GOOD INFORMATION AND HELPFUL ,oops caps

 

also try make contact with GOVAN LAW CENTRE they may be able to help they have experts in this field

,you may be able to get pro bono and they could on request ask for a breakdown from your original solicitors regarding their costs as they seem very high

 

 

,also if the solicitor has not asked for the details you requested of him make a formal complaint to the SRA this will obviously make the solicitor review his costs

patrickq1

[bluedogx]

Hi patrickq1

 

As far as I know govan law centre can only deal with clients in their own area of Glasgow due to funding cuts. Their web site is good though.

 

B