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    • Thank you BankFodder    Please can Andyorch advise me how to make the application and what to attach I will send this off tomorrow after 3pm, I can post up the final version here of what I need to send and send this on Monday if I know what I am required to do and what I now need to send to the Court to deal with this matter fully   Thank you so much to you both
    • I think you should probably follow the approach suggested by @Andyorch who is probably more up-to-date on these things and I am
    • Hi, we have managed to agree terms with this creditor, thankfully and finally.   Now we face another problem...my husband was declared bankrupt in 2018 by another creditor. Long story short, it's now in the hands of a trustee.  They have apparently completed a driveby valuation which is higher than the first creditor mentioned previously so the trustee believes there is more equity for them to take.  Our property is leasehold with a 54 year lease so tricky to value.  We made an offer based on the first creditors valuation which was rejected by the trustee because, guess what, their valuation stands. So, I am now fighting again to save our home. Is there anything we can do to challenge the valuation and suggest the equity isn't as high as they think it is? Will a trustee be brutal enough to effectively push us into a homeless situation during a global pandemic because raising the funds they are seeking, is somewhat out of reach? Any help is gratefully received. Thank you.
    • Hi Andyrorch and BankFodder   I have just read up the posts, I am confused as to what to do, please can I be advised which route to go finally and how this is done, based on the advices to date.   I will be able to look into this tomorrow as I am off work most of the day tomorrow after 3pm   Thank you
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Hi

I am looking for some advice on a schedule of inhibition

which I received on my property 17th October 2008

for an outstanding debt of £2978 owed to a nationwide credit card,

 

I have just ignored this since it was issued and have since moved out of the property,

my ex partner still resides in the property and pays the mortgage which I presume I am still on as I have not heard any different,

 

my ex and I are not on speaking terms and I would now like to cut all ties with this property if possible

and get bought out of my share in the property

but I'm not sure if this inhibition still stands

as I was told that after 5 years it gets wiped out

but how true this information was I don't know.

 

I was also told by a friend that if my ex partner has had no contact with me regarding the flat

after so many years he will now have sole ownership,

we both placed a £10000 deposit each for the property

and I would like that back and I am happy to lose out on half the value of the property

when I left in 2008 and stopped contributing to the mortgage,

 

I have a lot of debt from around 2005_2008

but have know idea of finding out exactly how much and to whom,

 

what can anyone advise I should do now to sort my mess out,

it might also be of interest to know that I live in Scotland and so is the property in Scotland.

 

I hope iv explained this clearly but can go in to more detail of needed.

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Hi immc and welcome to CAG

 

The following thread may be of use to your post:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?137972-Schedule-Of-Inhibition

 

Further Scottish Law :_

 

http://www.aib.gov.uk/News/releases/2009/04/07121515

 

Regards

 

Andy

 

 

Thread moved to Dealing with Debt in Scotland

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please can you bump this up as I still have no idea if this inhibition still stands or if it may have run out since it was done on october 2007.

 

Thanks

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The point of an inhibition order (I am no expert in Scottish law) is similar to a charging order in England.It never expires until the creditor has received what is owed.

We could do with some help from you.

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An inhibition stays in force for 5 years. If the debtor repays her/his debt to the creditor within 5 years, s/he can ask the creditor to arrange for the inhibition order to be recalled. However, repaying the debt will also include payment of any interest and the expenses of discharging the inhibition. Once an inhibition order has been granted, it stays in force, even if the person in debt is granted a time to pay order.

 

In Scotland after 5 years there is no reason why the creditor cannot renew the Inhibition upon expiry.

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