THREAD NOTE:

the OP talks of a CCJ

this is infact a DEFAULT MARKER

ignore the reference to it being a CCJ.

dx - siteteam

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Hi All, the is my forst post on CAG.

I have a question, which im hoping the community will be able to advice me on if it is legal, and if not the steps to take to resolve this.

7 and a half years ago, i split with my X wife, which was quite a bitter split. In her wisdom, when we split and put the marital home up for sale, a few weeks later my x wife took the house off the market, stating i had never asked for her permission to sell the house, and she refused to sell the house even though she had moved out when we split.

Consuquetly, the house was repossed and a CCJ was rejistered against me.

I did try and come to an amicable agreement with the Natwest where by i was responsible for half the debt (£16,800), and my x wife was responsible for the other half, and once my half was paid off it would show as settled on my record, which they rejected.

So, i thought i would wait out the 6 years, for the CCJ to expire. During this time we have moved twice, and i have not received any letter from anyone for about 2 years relating to the CCJ, so im actually unsure who actually own's the debt (Natwest or DCA)

The debt did expire on May 31st 2013, and did 'dissapear' off my credit file. I pay a monthly subscription to experian so regually check my file. Last week the payments started showing again on my credt file as 6 months in arrears and deliquent.

After alot of research i was under the impression that once the CCJ had expired after 6 years, that was that, unless of course they tried to re-rejister to the courts for a CCJ. Im thinking of getting legal advice, however before going through the cost i thought i'd see what my options are on here.

So my questions are:

1. Is it true the Natwest or any DCA can rejister these late payments that have just appeared on my Credit Report after the six years

2. If not, what are my options to have these removed from my credit file?

We where hoping to buy a new house in the next 6 months, however that is going to be impossible with this on my file

All help is VERY greatfully apreciated in advance

Ummm, a CCJ does not expire, although after a such a long time, it would be very difficult for them to enforce. If it is no longer on either your credit file or trust online (which keeps a record of CCJs for 6 years) I am not sure if anyone searching your files would be aware there was a judgment made.

I am also a bit puzzled when you say the entries have started to reappear. If the entries have done the 6 years, then they cant simply start recording them again ??

I will try and find someone with more knowledge.

mortgage debts are different and my understanding is that it is 12 years

Is this resulting from a mortgage under seal? NW may be claiming that the default should be maintained for 12 years as this is the limitation period on mortgage debts.

What exactly was the judgment debt for - the shortfall after repossession ?

What exactly was the judgment debt for - the shortfall after repossession ?

On the same tack here CB.

NW have been known not to adhere to the Council of Mortgage Lenders code of not pursuing shortfalls after 6 years with no contact.

Hi CitizenB, many thanks for you reply

In answer to your 2 posts. Although i was aware a CCJ never effectively 'expires', they do do habe to re apply to the county courts to re-enforce the CCJ, of which i should be sent correspondence for to defend my case.

I phoned experian yesterday, and he did tell me that it wasnt a ccj, but a deliquent account which was 6 months behind in payments? I have NEVER in 6 years made a payment?

Im now thinking that maybe this debt has been bought by a DCA, and they are trying to pull a fast one maybe? However, i dont actually know who the debt belongs to???

Under Seal? I have no idea? unfortuently, i have none of the original documentation

If this account previously showed as a DEFAULT entry once removed it should NOT be reinstated.

What exactly was the judgment debt for - the shortfall after repossession ?

Yes, this was the shortfall after the sale of the house

If this account previously showed as a DEFAULT entry once removed it should NOT be reinstated.

It is no longer showing as default, but 6 payments late, which has resulted in plumiting my credit score **Edit**: It was rejistered as a CCJ, not a default

Then I think that you need to find out who is doing this and write asking them to stop.

Hi CitizenB, many thanks for you reply

 

In answer to your 2 posts. Although i was aware a CCJ never effectively 'expires', they do do habe to re apply to the county courts to re-enforce the CCJ, of which i should be sent correspondence for to defend my case.

I phoned experian yesterday, and he did tell me that it wasnt a ccj, but a deliquent account which was 6 months behind in payments? I have NEVER in 6 years made a payment?

Im now thinking that maybe this debt has been bought by a DCA, and they are trying to pull a fast one maybe? Hoever, i dont actually know who the debt belongs to???

That is very possible... could i possibly suggest you make some enquiries with natwest... and find out who it is with?

I dont know if under Mortgages they would transfer to a DCA and also arrange a "Notice of assignment" etc

Ok The Council of Mortgage Lenders agreed that their members would not pursue shortfalls after 6 years in line with the 6 year limitation on other debts.

I suggest contacting the Data Controller at NatWest to challenge this (in writing).

I did call natwest on saturday, but there litigation dept was shut. I am going to call them tomorrow to get more information

many thanks

Ok The Council of Mortgage Lenders agreed that their members would not pursue shortfalls after 6 years in line with the 6 year limitation on other debts.

I suggest contacting the Data Controller at NatWest to challenge this (in writing).

So in laymans terms, this means, that the debt should be erased, and im within my legal rights to challenge the record and have it removed?

Apologies for the blutness, but all this vERY alien to me

Ok Dave, please let us know the outcome.

There are intricasies involving the Limitations on Mortgage debts that some will happily use to mislead.

Then I think that you need to find out who is doing this and write asking them to stop.

iF I CALL THE NATWEST, WILL THEY BE ABLE TO PROVIDE WITH THE DATAILS OF THE OWNERSHIP OF THIS DEBY?

As it was a joint mortgage I wonder if your ex may have been paying off part of the CCJ and having now stopped, NW or whoever is after the balance.

As it was a joint mortgage I wonder if your ex may have been paying off part of the CCJ and having now stopped, NW or whoever is after the balance.

I can assure you, this is NOT the case

Yes, if it has been sold then NW will say they are no longer involved at that point a Subject Access Request (SAR) will be needed.

Ok Dave, please let us know the outcome.

 

There are intricasies involving the Limitations on Mortgage debts that some will happily use to mislead.

Of course i will, i post up what the reply is, from whom ever owns the debt

I can assure you, this is NOT the case

I did think it was unlikely going on what you said!

Yes, if it has been sold then NW will say they are no longer involved at that point a Subject Access Request (SAR) will be needed.

Does the SAR have to be made to the Natwest. Also, if i wright to the company who have the debt, will i have yo quote any paticular legal acts, or bluntly tell them to stop recording late payments on my credit file? How long will it take for these entries to be removed once acknowleged?

This was a joint mortgage, yes ?

Were you both issued with claims and judgments ?

You are aware that you are both responsible for the debt - is it likely that your ex is making payments or has acknowledged the debt ?

Yes to the Data Controller at the London head office.

There is an excellent template in the CAG library for you to use Dave, there is a £10 statutory fee to pay NW have 40 days to comply.

The request is made under the Data Protection Act 1998.

Does the SAR have to be made to the Natwest. Also, if i wright to the company who have the debt, will i have yo quote any paticular legal acts, or bluntly tell them to stop recording late payments on my credit file? How long will it take for these entries to be removed once acknowleged?

Don't write to any 3rd party Dave before coming back here please!!