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rockyboy

CCJ dropped off 1 year ago but account was never set to default

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Hi all, I'm hoping someone can please advise as to whether my logic is correct.

 

Essentially I took out a Northern rock together mortgage over 10 years ago just before the recession, this included an unsecured loan of £30k.

Shortly after I was out of work for a year and built up mortgage arrears on both the secured element and unsecured element of the loan.

 

Despite 5 attempts of NRAM trying to repossess I managed to fight them off and eventually paid of the secured mortgage arrears however because I was prioritising the secured payments the unsecured loan arrears were not being paid and eventually NRAM applied for a CCJ.

 

However at the time they did not default the unsecured loan account so it is still showing on my credit file with just many late payments.

 

The CCJ dropped of my account about a year ago and during the 6 years prior NRAM didn't take and forceful action to recover the debt.

 

My understanding is that prior to making an application for a CCJ to the courts they should have set my unsecured account to default and hence it should have also dropped of my account when the CCJ did and the unsecured debt should In theory now be written off.

 

I did contact Experian and raised this issue, they replied stating that they contacted NRAM however NRAM stated they would not be making any amendments regarding this unsecured account on my credit file.

 

I would really appreciate any advise on this matter and if my logic is incorrect.

 

Many thanks in advance!!!

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It would depend on how the unsecured Loan was issued.....what was the term of the agreement ?

 

Are they treating it as a mortgage (12 years) ? Was it linked to the Together mortgage ?

 

Was the Together mortgage ever defaulted ?

 

Andy


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Hi Andy, the loan is part of the unsecured element of the Together mortgage, but it has its own loan account and should be treated as per the consumer loan act, i.e. it falls under different legislation compared to the secured element.

 

Despite NRAM taking me to court several times trying to enforce repossession order I don't the secured element was ever defaulted as it doesn't show on the credit file as defaulted, nor does the unsecured loan account.

 

I do suspect that they have been treating it the same as the secured mortgage element but that doesn't correct to me as they both fall under different legislation and have different loan accounts, otherwise they would not have been able to apply for a CCJ juts for the unsecured element.

 

Hope I'm making some sense.

 

Many thanks!

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Then I would agree and suggest a possible complaint to the ICO (Information Commissioners Office) as the data being reported is inaccurate and seek redress from NRAM.

 

https://ico.org.uk/make-a-complaint/

 

As an unsecured personal loan under section 77 of the CCA1974 any default must be placed within 4/6 months of the date of breach and not show on credit files after its 6th anniversary.

 

Its a pity you didnt defend the CCJ as the lack of default would have ensured it was dismissed.

 

Andy


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I think I don't have any other choice then to raise a complaint then with the ICO, thanks again for the link and advice!!!

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Inform the ICO they have a judgment on the agreement dated xxxxxx also and that the account was terminated at the time of issuance of the court claim....and the CCJ is no longer appearing on your credit reference files.


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