scheduale of inhibition

[baby jane]

Ill try and keep this simple but for years now i have been dealing with a debt recovery agency called arrow global who say i have an outstanding debt of nearly £5,000 which i no nothing about back in 2014 i asked them to provide evidance they never did but said the debt was from around 1992/93. then all fell silent until the other day when i was handed a letter of schedule of inhibition done a few searches on what this is but since i have no idea about the debt no proof that i awe this money and the amount of time gone by, how do i stop this once and for all

[charitynjw]

For info only.
(It's not an endorsement of the company offering sevices.)

What is an inhibition court order in Scotland?

https://www.scotlanddebt.co.uk/artic...order-scotland

ScottishSolicitor ?

[ploddertom]

Do you live in Scotland? Have you served a Subject Access Request on Arrow?

[ploddertom]

For info only.
(It's not an endorsement of the company offering sevices.)

What is an inhibition court order in Scotland?

https://www.scotlanddebt.co.uk/artic...order-scotland

ScottishSolicitor ?

Link above doesn't work, try this one https://scotland.shelter.org.uk/get_...rs/inhibitions

[baby jane]

Yes i do live in scotland, no i have not served a subject access order on arrow how do i do that please

[baby jane]

Just read about subject access order i did call arrow three times in 2014 demanding they provide me with any sort of proof the first call i was told they would
gather ant files, but the other 2 calls still did not provide any information, then i never heard anything until a couple of days ago

[ploddertom]

Back then you had to pay for a SAR - £10, no money no data - now it is free, I'm sure either rob or Amethyst may point you to a suitable letter to use.

[charitynjw]

Do you live in Scotland? Have you served a Subject Access Request on Arrow?

If it were me I'd be a tad cautious about the purpose of a SAR when litigtion is in play.

Comment

The DPA allows DSARs for the purposes of protecting privacy and ensuring the accuracy of personal data. This case highlights the importance a data controller must place upon adhering to those objectives, and the need to carefully balance the rights of a requestor against any other individual whose personal data appears in the document. It also serves as a warning to any party seeking to use a DSAR as a back door to obtaining documents for the purposes of litigation; while the DPA is “purpose blind”, the Courts will not allow it to be used where doing so could circumvent the disclosure regime mandated by the Civil Procedure Rules and render redundant the protections those rules provide. It has long been the position of the Information Commissioner’s Office (ICO), notwithstanding a line of previous case law, including Durant, Eszias² and Edem³, that it will not look at the motivation behind a DSAR when considering complaints by data subjects. It remains unlikely that this case will cause the ICO to adopt a different approach, but it is increasingly becoming a more difficult position for the ICO to defend.

http://www.allenovery.com/publicatio...re-regime.aspx

[baby jane]

Thank you all for your feedback certainly have a few options to explore just seems strange to me that the first time i heard of this debt was when 2 men suited and booted turned up at my door to hand me ccj in 2014 they said i could make a payment plan to stop it going to court i said no becouse this was not any debt i was aware of and despite my best efforts to find proof nothing was there to show me, then silence till 2 days ago guess what 2 men suited and booted this time with a schedule of inhabitants order

[charitynjw]

Thank you all for your feedback certainly have a few options to explore just seems strange to me that the first time i heard of this debt was when 2 men suited and booted turned up at my door to hand me ccj in 2014 they said i could make a payment plan to stop it going to court i said no becouse this was not any debt i was aware of and despite my best efforts to find proof nothing was there to show me, then silence till 2 days ago guess what 2 men suited and booted this time with a schedule of inhabitants order

I really don't know too much about Scottish law (me being a wee sassenach) but I did find this

Inhibition on the Dependence

5.7 By contrast, inhibition on the dependence is used in relation to heritable property, usually land or buildings, rather than money or moveable property. Inhibitions are used against heritable property in the ownership of the defender himself rather than property which is owed to him by a third party. An inhibition on the dependence affects all of the defender's heritable property regardless of the amount of the claim by the pursuer. It prevents the defender from dealing with his property in a way which might prejudice the claim of the pursuer, for example by selling the property and disposing of the proceeds.

and

5.29 Currently, warrants for diligence on the dependence are granted virtually automatically. In almost all cases a pursuer need only ensure that his application follows the appropriate form or style. The main requirement is the inclusion of a claim for payment of a sum of money other than expenses. The application is then checked by a clerk of court who grants the warrant. There is no examination or discussion of the merits of the pursuer's case or his overall chances of success, except in certain unusual circumstances in the Court of Session.

[QUOTE]

Grounds for Recall or Restriction

5.47 After a warrant for diligence on the dependence has been used, it is possible for the defender in the action to obtain absolute recall or partial restriction of the diligence. In order to do so, the defender applies to the court and must prove that one of a number of grounds for recall or restriction exists. These grounds are that the diligence has been exercised incompetently or irregularly; that is ineffective or that it is "nimious (excessive) or oppressive".

5.48 It has been noted by the Commission and by other academic and judicial commentators that it can be extremely difficult to convince a court that one of these grounds exists. Also, that practitioners find it difficult to determine the kinds of circumstances which will persuade a court that the use of diligence has been nimious or oppressive.

5.49 In practice, the strict test applied by courts when considering applications for recall or restriction of diligence on the dependence means that it is almost impossible to obtain recall or restriction. This may have an excessively harsh impact on defenders. Further, the vague test applied by the courts makes it difficult to understand when recall or restriction might be available. It is thought that the numbers of applications for recall or restriction are low, perhaps because of the difficulties in obtaining recall or restriction.

5.50 The Commission recommended that the existing test of nimious and oppressive should be abolished and replaced with a new statutory test for recall or restriction of diligence on the dependence. This should mirror the test applied by a court deciding whether or not to grant the original warrant. That is whether there remains a real risk that the defender is or will become insolvent or will dispose of his assets and that it would be unreasonable in all the circumstances to leave the diligence untouched. The Executive intends to implement the Commission's recommendation.
[QUOTE]


Link to above
https://www2.gov.scot/Publications/2002/04/14590/3544#

Can't say how current or accurate it all is, but hopefully it gives you something to go on.

[baby jane]

Thank you so much im really getting my teeth into this

[charitynjw]

Thank you so much im really getting my teeth into this

Act of Sederunt (Simple Procedure) 2016 No. 2016/200

https://www.scotcourts.gov.uk/rules-...rocedure-rules

[Nostrus]

How are you getting on with this?

The schedule of inhibition is commonly used as a security by debt collection agencies who have obtained a decree/decision form, primarily in cases where payment is not forthcoming/the defendant is not in a position to pay, e.g. low income, etc.

It prevents you from selling, or disposing, of either a) any heritable property in Scotland or b) specific property in Scotland (primarily used in actions such as a division and sale of a matrimonial home, etc.)

It is important that I point out the rules posted above with regards inhibition on the dependance is pre-decree/decision form.

Can you clarify: you say that two men arrived with a CCJ, but then you state two more men arrived with the schedule of inhibition? CCJ is English, Inhibition is Scottish. Do you reside in Scotland? What were the circumstances of the first visit?