Many thanks for the words of hope - at the very least I should speak to my Solicitor I think and get him to get a contract drawn up so she revokes her right to any proceeds from the house sale in returen for no liabilities to the debts. I can get the divorce done after this is concluded. What worries me is that the other credit card companies do the same to me as the Halifax. They have been quite ruthless!

Hi and thank you for your reply. Having read more into the small print leaflet attached it only says that they can't make me sell the house but they can stop me selling it, which sounded ludicrous as I want to sell the house to pay these debts off. My problem is that the debts (joint mortgage with estranged wife) and credit card (in my name only - she had secondary cards) add up to more than the current house value! This Halifax debt would have been paid on the house sale but with the other cards, I would have to get them to accept a reduced amount as final payment and hope they accept. Do you know if this is commonly done and accepted? Additonally, and on your point about the Solicitor, I guess you are saying I should get him to get my 'wife' to sign an agreement saying she will not get any proceeds of sale based on the fact she is not paying towards our son (he lives with me) nor to any of the debts!?

On looking into the dates of both the monthly extract Decree and seperate Schedule of Inhibition it seems they were granted by the court on the same day. From what I understand, does this mean I cannot now sell my home without getting a court order to do so in order that a legally binding payment to the Halifax is made from the sale proceeds?

Hi, this is my first thread on this excellent forum. So to begin, I have just received a hand delivered 'Form of Schedule of Inhibiton' regarding my Halifax Mastercard debt which came as a surprise because I replied to a court letter requesting a Time to Pay Order and subsequently received an 'Extract Decree for Payment with Installments' agreeing to a regular monthly payment on the debt last week! I am currently going through a divorce and live in our still jointly owned and mortgaged home with my small child. My 'wife' left home and left me with a number of credit card debts to boot. Unfortunately these are all in my name. Due to serious illness, my self-employed income diminished and I defaulted on the above credit card as well as four others, many of which I had run flawlessly for years. My mortgage payments are all upto date and have been paid regularly. I am now worried that this order is trying to stop me selling my house which is on the market due to the divorce. I cannot understand why they would do this as I can pay them off once it is sold! The Inhibition Schedule states 'by virtue of decree by the Sheriff Court at....... granted on .... inhibit you from selling, disposing of, burdening or otherwise affecting all land and inheritable property in which you have an interest to the prejudice of Bank of Scotland (trading as Halifax) having its registered office etc...see notes 2 to 4 etc Note 2 says. This document forbids you from disposing of or dealing with any land or buildings in Scotland in which you have an interest, without a further order from the court. Note 3. If you are in the course of or are contemplating a transaction which affects any land or building in Scotland in which you have and interest you should tell your Solicitor immediately about this document. Note 4. This schedule may have been served on you to protect property pending a decision in a court action (known as 'inhibition on the dependence') and limited to specific land and heritable property where stated above. If so, and the court later grants a decree against you, the decree will have the effect of forbidding you from disposing of of or dealing with any land and building in Scotland - not just the specific land and property mentioned in this schedule, under the Section 152 of Bancruptcy and Diligence etc (Scotland) act 2007. You should check the effect with your Solicitor. Does this mean that I cannot sell my house or has it been sent too late because I received the earlier Extract Decree for making monthly payments to the credit card company? I am confused and very worried, please help!

Hi ida I went along to speak with the Clerk today but couldn't speak with her directly and so the chap on the desk relayed my query to her. She said that the £162.20 fee was the appropriate figure for a small claims summons of this size. Shocking really. Especially as I paid the original bill 2 weeks before the court date. I am still being charged for the sum to be raised via the courts. I just hop I can now get this money to them before the hearing as I don't have it just now! I am really surprised and disappointed with the fuel company, as they sent me a statement after one month then the next letter I get isn't from them but the Solicitors! The fuel company made no attempts to write letters asking why I hadn't made payments and instigated a Solicitor after only 3 months! Can they do this? Do I have any rights here?

They were delivered recorded/registered to be signed for.

Hi ida Peebles Sheriff Court. The summons says and I quote 'The Pursuer claims from the defender (s) the sum of £4XX.XX with interest on that sum at the rate of 8% annually from the date of service, together with the expenses of bringing the claim. I have had no letters from them telling me how much these expenses were or asking me for the money. I had two statements from the Oil company then after 3 months received the first Solicitors letter. I didn't reply to any as I was to stressed from illness to do so. My own fault in this respect. Will the court be open every day so I can go tomorrow? David

Hi Ida, That's the thing - the court date is in a week and I am trying to avoid going there and having a decree against me! I have never had one and never want one. I just don't think they have communicated this expense in advance and I think it's excessive! The form that you complete and hand in to the courts one week before the hearing is actually tomorrow. I don't know what to complete or do. The form only offers 3 choices - Admit and pay now, Admit and pay in installments or Admit and attend court. I have paid the bill itself and don't mind paying the interest. My issue is the judicial expenses being charged. Thanks, David

Clicking on the triangle just reports the post doesn't it? - sorry if this is naive but I am new to the site. I am guessing you are right about the costs but they did not inform me of just how much these would be (even in the summons) nor write to me directly (or from the Solicitor to tell me how much these would be to date. Highly irregular practices I would think, although this may be the norm I think it is not fair practice and better communication should have been instigated by them. Cheers,

Clicking on the triangle just reports the post doesn't it? - sorry if this is naive but I am new to the site. I am guessing you are right about the costs but they did not inform me of just how much these would be (even in the summons) nor write to me directly (or from the Solicitor to tell me how much these would be to date. Highly irregular practices I would think, although this may be the norm I think it is not fair practice and better communication should have been instigated by them. Cheers,

I recently received a Court Summons for a fuel bill that was only 3 months outstanding. This was for nearly £500. In the court summons (Scottish by the way) they gave me a date to reply by and a hearing date being one week later. My personal circumstances had changed so that after the order for the fuel had been made, I couldn't pay it. I managed however to earn enough money after returning to work to pay the bill in full. HOWEVER, what I hadn't noticed on the summons was that they where claiming for interest at 8% annually (which is fine) but also for judicial expenses (of another £165.20, the amount of which they didn't state on the summons) and which they say I now owe immediately or the court action will still go ahead. Can they still take this to court even though I have paid the bill - as all I owe is interest (which I will pay now) and the judicial fees (which I take are the Solicitors fees to the fuel company)? This is urgent - please help!