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Inhibition Order/bailiffs Scotland... any info pls
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dfwsometimesoon
Posts: 104 Forumite
Last few days have been a rollercoaster to say the least :eek: on way out the other side tho
after having telling other half that id contacted Payplan is now all systems go... have a few questions tho re worst case scenarios....
As I am in Scotland DCA (if debts passed onto them) have no real clout as such is that correct? they cannot turn up on doorstep etc demanding payment.. everything must go through the courts and a sheriffs officer is the only one that has any legal powers and only with a warrant from the court?? is this correct.....and also if making regular payment how likely is it that the court will issue any warrant??
As far as im aware after reading online, there are no ccjs or charging orders issued in Scotland ... a decree is issued which is similar i think and then an inhibition order can follow.... but an inhibition order is served on the person rather than the property meaning the person served cannot sell the house without the debt being paid... if a joint property what does this mean for the joint owner??.... also we have no plans to remortgage still currently have 3 yrs fixed left on a 5yr fixed deal and have no plans to move or sell house... should i be concerned re this if it were to happen?? I understand any inhibition order will fall off after 5 yrs if the debt is settled is that right? also if a inhibition order is served and the debt is then secured on the property do u still make payments towards it???
apologies for all the questions I am just trying to get clear on worst case scenarios that i may be hit with.... any info would be much appreciated. I know my credit report will be shot to pieces however really not concerned about that as have no plans to have credit ever again!!! obviously will need to look at mortgage at some point the 3 yrs we have fixed at moment gives us some breathing space tho.

As I am in Scotland DCA (if debts passed onto them) have no real clout as such is that correct? they cannot turn up on doorstep etc demanding payment.. everything must go through the courts and a sheriffs officer is the only one that has any legal powers and only with a warrant from the court?? is this correct.....and also if making regular payment how likely is it that the court will issue any warrant??
As far as im aware after reading online, there are no ccjs or charging orders issued in Scotland ... a decree is issued which is similar i think and then an inhibition order can follow.... but an inhibition order is served on the person rather than the property meaning the person served cannot sell the house without the debt being paid... if a joint property what does this mean for the joint owner??.... also we have no plans to remortgage still currently have 3 yrs fixed left on a 5yr fixed deal and have no plans to move or sell house... should i be concerned re this if it were to happen?? I understand any inhibition order will fall off after 5 yrs if the debt is settled is that right? also if a inhibition order is served and the debt is then secured on the property do u still make payments towards it???
apologies for all the questions I am just trying to get clear on worst case scenarios that i may be hit with.... any info would be much appreciated. I know my credit report will be shot to pieces however really not concerned about that as have no plans to have credit ever again!!! obviously will need to look at mortgage at some point the 3 yrs we have fixed at moment gives us some breathing space tho.
LBM April 2012.... DMP with Payplan July 2012
DFD March 2018 :j
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