Scottish and English debt laws are different, so if you are a Scottish resident and have questions on debt, then this is the place to post.

Moderators: TalbotWoods, JaneClack

By yoowin
#345193 I had an Inhibition granted against me favouring the City of Edinburgh Council when I was working overseas. This was following work done to the building where I own a flat, undertaken by the council. There was dispute with the residents association over the job and agreement was obtained with the council finance department that payment was not required until this was concluded. I seem to have missed the fact that it was concluded, and so never paid. They also seem to have been able to get an inhibition raised against me without me realising, and it is only since I have moved back to the UK that I have become aware of it.

I have paid the debt (and the interest and fees awarded by the court) and this has been recorded by Registers Trust, and my Experian/Equifax credit checks show the inhibition as settled. However this still seems to be doing my credit rating no good at all, and I have been turned down on a remortgage.

Given that I was not even in the country and didn't receive notification that the payment was due, let alone any final demands (I can understand one letter getting lost in the post, but not multiple), and then have also not received anything from the courts, what do you think are my chances of being able to appeal in some way against the inhibition decision and get it wiped out altogether?

To be clear, I don't dispute the debt. However there does seem to be scope for complaint/appeal given the lack of serious attempt by Edinburgh council to obtain payment. I also wonder whether there is any possibility that not receiving court documents might invalidate the action?
By wdm2
#346593 You could try the registers of scotland helpline (they are responsible for the register of inhibitions) or going back to the court which granted the decree on which the inhibition founded.

You may be able to apply to the court to have the inhibition recalled. You can ask the court for advice on the procedure but I suspect you'll need a solicitor's advice on this.