Hey Folks,

Today I noticed on my credit file that NRAM have decided to finally add a "default" after 5+ Years.

This was an on going dispute with NRAM and my now eX Wife.......

they wouldn't remove her from the mortgage even tho we had been separated 5 years prior and she had never made a payment towards it.... anyway..

Can they add a default this late on? the last payment they had was July 2010 and I would assume a realistic default date would be 2, 3 or maybe 6 months after no further payments?

Cheers,

Flappy

According to the Information Commissioner, it can be recorded up to 6 months after the default took place. I am not sure that actually means the first missed payment though.

The usual process is for a couple of payments to be missed - company issues a default notice giving a time by which the breach has to be remedied (usually around 14 days). From that point the company is then permitted to take further action.. eg, recording defaults with the CRAs, legal action, etc.

Did they send a Default Notice ?

Which CRA is that ? I thought that the number for showing the account is defaulted is 8

Ah I see they have used a D. No, I would think that is quite wrong the way they have applied your record. It was obvious you had defaulted quite a while back.

I had an NRAM default showing as December 2013,

made a formal complaint to them as the account showed as 6 months in arrears as at May 2011.

I quoted the principles of the Information Commissioner's Office guidance about when a default should be registered and they upheld my complaint.

The default date was changed to May 2011 and has therefore now been removed from my credit file. The whole process only took 3 weeks.

I hope this helps.

Hi,

That is interesting - I will write to them, however I didn't want to rock the boat as the house was reposessed about 18 months ago and I have not heard anything since.

Cheers,

Flappy

did nram repo?

In the end yes.

Bought house for 95K - they sold I think for 80k (was worth 100k)

still says outstanding balance 172K on credit file... I think i had 1 letter saying i still owe them etc.. i live in england, house was in scotland (not that it matters)

won't let me add image from dropbox, shows that i was 6+ months arrears as far back as May 2011 - last payment July 2010 so it would be off my file if they never set the default a lot later on (July 2015)

also - looking at my file, and this is the only bad thing on it - it still says default, not once has it ever said reposession anywhere

and they don't know your address now?

Yeah - they updated the file with my new address

think it's possible they know I have nothing, and that's why no action?

leave it be 6yrs and they cant chase the shortfall.

6 years from default or repossession?

nothing to do with any default.

its a shortfall

http://www.consumeractiongroup.co.uk/forum/showthread.php?387506-Mortgage-shortfalls-Lender-should-not-pursue-under-CML-policy

but you don't send the above!!

just for ref

Okay - thanks.

I thought it wasn't best to ask them to remove the default and prompt them! - technically no default should now be on my file. I guess I can wait another 4 years

well no - we'll let 6yrs elapse from repo date first

Quick question with ref thread 2.

if nram had not issued a default notice, does that mean they cannot/should not default you to a CRA?

technically yes

but they will have.

twill be in the comms/account log of the SAR return.

Hi DX

with my own case and having checked the log provided by Next, and received their SARs docs, there is only a copy of a letter of threat to report to CRA if debt not cleared, (which took repeated demands for them to produce and which i suspect has been created latterly) no copy of DN, and no mention in their log that a DN was sent.

however reported to CRA.

Hence my query on the correct procedure for reporting to the CRA.

Not your thread

DX

I do know that, but wanted to demonstrate to other readers of the thread that they may also have an outstanding point, which can be useful when users are reading threads on points of research.

a positive and helpful attitude is always best don't you think DX, especially with encouraging users to carry out further research and/or obtain answers - i was not attempting to take over this thread but raise a point that others could possibly use.

well no

yours is a store card

regulated by the CCA

a mortgage shortfall is not so sec 87 doesn't apply..

which is why I thought...

you say you want to help....

or confuse further...

There you see DX

What a bonus. Any confusion on my part has proved useful. Others seeing this thread along with myself will note the valid points you have made about the difference between the mortgage debt and store cards debt.

Patient and conducive points will always be welcomed because of the help and clarification they provide.

Most of us on here, are here to learn which is why the willing sharing of knowledge and information is such a good thing (when not conveyed in an attempt to 'put down').

Many thanks DX