Help on 5 yr old CCJ for mortgage arrears which I've only just found out about

[Blueoverdebt]

In 2008 I had a run of bad luck, firstly I lost my well paid job and had to take a much lower paid job and then I became poorly and was unable to work so only got paid SSP. Long story short I defaulted on my mortgage and my house was repossessed at age 27. I moved to rented accommodation and waited to hear from Northern Rock about my situation. They never contacted me so when I moved again I sent them a letter with my new address details and asked them what was happening with my defaulted mortgage. They still didn't write back to me. A lawyer friend advised me that they had probably written off the debt and claimed against their insurance and wouldn't pursue me so I just left it at that.

 

Yesterday I decided to check my credit report because my husband and I want to buy a house later this year and it turns out I have a CCJ against me for just over 10k. My actual mortgage shortfall was about £88k and is showing as a satisfied debt on my credit report but when I took out my mortgage (as a young and silly girl pre housing market collapse) they gave me a 125% deal with £10k ish as a loan. I'm assuming this is what the CCJ is for but this £10k isn't showing as an outstanding debt on my credit report. There is however a second NR debt, called 'loan from NR' showing as £88k and as settled - it is so confusing!

 

NR did recently write to me at my current address to let me know that they may have missold me PPI and that I could claim against them (which I'm not!) so I know that they have my correct details.

 

Could it be that they show the whole debt amount on both entries on my credit report but only applied for a CCJ against the loan part? If so then why is it showing as settled? Also, why haven't they pursued me for the debt but have a CCJ against me? Sorry for all the questions but I'm super confused by the whole thing!

 

As I never received any letters or phone calls about this debt/CCJ is there anything I can do about it? It runs out in about 18 months so when it comes off is that my slate wiped clean with NR or are they still able to pursue me for the debt?

[unclebulgaria67]

You should be able to get a reference for the CCJ (credit record or Trustonline) and then approach the court for a copy of the paperwork (original court claim and judgement). Then armed with the information you can decide what to do. You could look to apply to get the judgement set aside, but you would need to have reasons, other than the claim form went to the wrong address. To assess what reasons you could use, you need the court paperwork,

 

In regard to credit records, the £88k may show as settled, because it has been sold or passed onto a different debt account. This does not meet it is settled in regard to yourself and you cannot go by what is showing on your credit record. It is misleading ! At some point, I suspect that you will be chased for both the £88k and £10k debts. Debts are not often written off just because there is some form of liability insurance taken out by lenders. It is ususally a condition of such insurance, that the lender looks to minimise the amount of potential loss by taking all appropriate actions. Mortgage debts are enforceable in court for 12 years.

 

If you are looking to buy a house with this ongoing, you should only do so purely in your husbands name. You should also look to separate out any jointly held accounts, just in case you have further debt enforcement action taken against you. Otherwise it could get messy and you want your husbands finance to be separate. Find out about the £10k CCJ first and the post back or see a Solicitors.

[citizenB]

NR did recently write to me at my current address to let me know that they may have missold me PPI and that I could claim against them (which I'm not!)

 

 

Is this because there isnt any or that you simply wont be reclaiming ?