inhibition order on property

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inhibition order on property

Postby tattooman » Wed May 25, 2011 8:17 pm

hi everyone
i have had an inhibition order put on my house .this came about through a debt i had with mbna which i ignored at the time as i had not came across fmotl at the time they applied to the courts up here in scotland and had this order granted which means i cannot sell my property without thier permission .does anyone kow how i can reverse this order ,or is it even lawfull in the first instance. any advice will be much appreciated
thanks tattooman
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Re: inhibition order on property

Postby huntingross » Wed May 25, 2011 8:31 pm

Inhibition Orders are on the person (Scotland), Charging Orders are on the property (England Wales). Both prevent you from selling without settling the debt.

My question is, why sell ?

Find alternatives.
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Re: inhibition order on property

Postby tattooman » Wed May 25, 2011 9:21 pm

i might never sell my property its more of a point of principle due to the fact that i have been conned by these greedy people and now i am being held to ransom by them i would love to find a way to stick it to them, this would be a victory worth having i believe these orders have to be renewed every 7 years if this is correct. i am also under the belief that all debts are written off after 6 years this seems to contradict that they can renew the order after seven years, is this possible if that is the case .
thanx tattooman
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Re: inhibition order on property

Postby huntingross » Wed May 25, 2011 9:31 pm

My understanding of time barring debt recovery is the creditor has not pursued you for 6 years.....if they have pursued you within the period then you are back to square 1.
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Re: inhibition order on property

Postby knightron » Wed May 25, 2011 10:20 pm

limitations act 1988 I believe.. 6 years from the last payment or the last time that the alleged debt was acknowleged. (5Years in Scotland)
After 6 years since the last payment or acknowledgement the debt becomes staute barred and can never be recovered or become recoverable even by court order.. In short if you have paid them anything or acknowledged the debt with in the last 6 years they are legally allowed to collect..
However if it is a Debt collection agency that is chasing you, you can say the debt was extinguished when they bought the account, if it can be proved in court that the debt was in default when they purchased it, and you were never given a Notice of assignment, or the debt was in dispute when they bought the account from the original creditor. You could take them back to court and try to have the Charging/inhibition Order repealed, on the grounds that the debt collection agency have satisfied the account by paying the original creditor what they wanted to close the account.

I would contact the original creditor and ask them what state the account is in..if it has been sold then you may well have grounds for repealing the order, If it is just under assignment to the Debt collection agency, ask for a true copy of the original contract and what ever paper work they have on you with regards to that account..then we can use their "ACTS" AGAINST THEM..
Remember this is simple contract Law you are dealing with...Once we know what they have we can work with it to get you remedy.;)
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Re: inhibition order on property

Postby tattooman » Thu May 26, 2011 8:14 pm

thank you very much for all your advice will re post when i have this information
thanx again tattooman
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Re: inhibition order on property

Postby knightron » Mon May 30, 2011 12:22 pm

Hi tattooman..I don't give advice mate, I am not qualified to do so.. I can only say what I might do if I was in the situation you are in... :shake: :hug:
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