Constantly troubled
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I had mortgage arrears over 6 years ago, the lender went for repo and it was suspended. Arrears paid and back on track etc. Credit history now clear and looking to move. Santander have done a credit check on me and told my mortgage adviser that they have found something serious on my file but won't tell him what it is. I have checked my file and there is nothing on there. Am completely worrying now about what it could be. Have never been bankrupt, no IVA or criminal record so this is the only thing I can think of. Would Santander be able to see this somehow? How can I find out what they've found? without knowing, I can't possibly move forward with anything Thanks
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I already donate monthly I could never have done what I have without the invaluable help of this site. I have no doubt I'll be back soon
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Will show on the website or will I need to call them? Thanks Also, can someone amend the header, I can't see how I can do that myself?
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Update for anyone reading this in the future. I completely ignored Mortimer Clarke and just sat tight. Yesterday, I received notification from them that they are no longer pursuing the claim. Apparently their client does not wish to proceed. Not a massive debt but another small victory against the DCA's. Thanks for all your help. I couldn't have done it without CAG.
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G E stitched me up by selling my account
Constantly troubled replied to Constantly troubled's topic in Mortgage companies
Just to update anyone who is reading this thread in the future. Skipton came back to me and after an underwriter looked at my file, they offered me the AIP. Fast forward one week and after an audit, they have apparently changed their minds again! When I've asked the probing questions, it's related to those old arrears on my closed account. They were fine with the CCJ because of the age and the fact it was satisfied. Now I'm completely stuck. GE won't remove those entries and they are on my file for another 6 years. 6 years of either living in a house far too small for my growing family or coming off the property ladder and renting somewhere larger. What a fantastic system we have when I can be penalised for 12 years and have no way of rectifying it. -
G E stitched me up by selling my account
Constantly troubled replied to Constantly troubled's topic in Mortgage companies
When a credit search is done, is it recorded with all the credit reference agencies? I can see the search on callcredit but not with equifax or experian? -
G E stitched me up by selling my account
Constantly troubled replied to Constantly troubled's topic in Mortgage companies
The IFA said that it wouldn't matter after 3 months? That a new mortgage provider wouldn't care about the previous search? Is that even more BS they've given me? -
G E stitched me up by selling my account
Constantly troubled replied to Constantly troubled's topic in Mortgage companies
So I should stop worrying? A song springs to mind............... 'if I could turn back time' Thanks for responding dx -
G E stitched me up by selling my account
Constantly troubled replied to Constantly troubled's topic in Mortgage companies
Yes, the score is showing as fair. Everything else on my account is totally green. -
G E stitched me up by selling my account
Constantly troubled replied to Constantly troubled's topic in Mortgage companies
Can anyone else offer any other insight into this? I've seen a house earlier than I anticipated when I spoke to an IFA he thought my satisfied CCJ would be no issue. He spoke to a high street lender who said they would still accept me. When they did the credit check, it came back as a decline! I am completely deflated. Will any of the following facts make a difference? 1. My closed account is showing some old arrears, over 5 years ago but it's marked as settled. 2. The new mortgage is not showing on my current file Apparently Engage (my new provider) just decided not to report it my account with the reference agencies. Is there a chance that the lender looked at the closed account because there was no other evidence of paying a mortgage on my file? Can I and should I force Engage to update my credit report so that I have something on there? Could it be just because my credit score is still low? My confusion is that they were told my situation about the CCJ before I applied and they said that would not be an issue. I would really appreciate someone helping me out with this. Thanks -
Won't the courts write to say it's no longer proceeding? Am I right in thinking that their 28 days response time will have lapsed?
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The claim form for this was issued on 13th January 2016 and I filed my defense on 21st January. Should I not have heard something by now or am I being too enthusiastic?
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G E stitched me up by selling my account
Constantly troubled replied to Constantly troubled's topic in Mortgage companies
Even if it's the only mortgage account on there? I spoke to Engage and for some reason, they've made a decision not to record on my credit file. Surely a future mortgage provider will want to see some evidence that I am a good mortgage payer? The only thing they could look at would be my settled mortgage account? If they go into there then they will see it? Or do they not even have access to this information? #veryconfused.com -
G E stitched me up by selling my account
Constantly troubled replied to Constantly troubled's topic in Mortgage companies
A mortgage lender will not see the closed account? -
G E stitched me up by selling my account
Constantly troubled replied to Constantly troubled's topic in Mortgage companies
Hi all I'm writing this with a heavy stomach because I suspect I'm screwed for another 6 years through no fault of my own. I missed mortgage payments over 5 years ago and almost had my home repossessed. Through the help of CAG, I managed to avoid that and got my life back on track. I had a terrible credit file due to a loss of job but I've spend almost the last 6 years trying to ensure I pay everything back and not to make the same mistake again. In October 2015, G E Money sold my mortgage account to Engage Credit. No problem for me, I just make my payments as normal. I have a CCJ which is satisfied and due to drop off my file July 2016. At this point, I was planning to get a high street mortgage and move to a much needed larger house However, having just looked at my Experian file, I notice that the G E Account is filed under closed. No problem there except that the payment history shows that 5 years ago I was in arrears. This would have dropped off by the middle of this year but is now stuck on my file for 6 years from the date of the account closure. Can they do this? Surely it's not fair that I will be penalised for this for another 5+ years just because G E decided to sell my debt on. Had they kept it, those arrears would have naturally fallen off. Can I do anything about this legally or do I just have to suck it up? It seems unfair that I would have been better letting the account default and losing my home. Instead, I dug in, paid the arrears and got myself back on track. Any experience or help with this would be welcome. Thanks -
I have received a response from the solicitors as follows: We have received your defence. You have alleged that the claim is statute barred. Section 5 of the Limitation Act 1980 provides that an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. The six year limitation period runs from the latest date on which: 1. A payment was made towards the debt; or 2. The agreement was terminated; or 3. You acknowledged the debt in writing. We are instructed that in this case the cause of actin accrued when the agreement was terminated on 27/08/2010. Therefore, proceedings were issued within the 6 year limitation period, and so the claim is not statute barred. If you disagree please set out the precise legal basis giving the date on which you believe the debt became statute barred. This was also sent in response to the CPR request: Thank you for your letter dated 22/1/2016 For the avoidance of doubt this firm does not hold documentation and we have passed the request to our client who may in turn need to liaise with the original creditor. We have been instructed to place this matter on hold while we await further instructions from our client. While on hold we will not advance court proceedings any further. In the same envelope, they also sent a letter stating that their client would like to offer a discount of 50% and avoid court proceedings!! I completely plan to ignore them and wait for the courts to come back to me but thought you might like an update
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Just to clarify a thought that popped into my head. I haven't sent the CPR 31.14 request to the solicitor because I've already submitted a defence. Should I do that anyway?
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All sent (via the website Andy) and I promise to update developments as they occur. Thanks for all your help, you truly are amazing
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Ouch dx!! Thank you, I will shuffle away, red faced now and complete my form.
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Under point 2, should it not say Claimant at the beginning of the sentence rather than Defendant?
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Thanks dx, appreciate your time in replying.
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Without any phone call to them I know it was before October 2007 because I had a new job by then. To hazard a guess it was between August and October 2007.
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I don't have any recollection of signing anything, I just rang and asked them to collect it. The bill duly arrived. There is no record of this on my credit file and hasn't been for at least the last year. Is this a good or a bad thing?
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Sorry I didn't get notification of a response to my post and I had to find the thread through an old email? Anyway, this is the situation, as far as I remember it: The vehicle was returned because it was used for self employment and that ended. They billed me for the shortfall (post re-sale) and that's the amount they are chasing. I may have made a small payment here and there (it's so long ago) but I know it's over 6 years. According the letter they sent after the SB letter, it was Sept 2008 but they only terminated the contract in August 2010. I find this ludicrous when surely I terminated the agreement myself by arranging for collection of the vehicle? There was no repossession of the vehicle!
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I've had a swift scout through but can't see anything specific. I actually terminated the agreement with them when I sent the vehicle back in 2007. The balance is what they say I owe resulting from depreciation/resale value etc.
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