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    • KunSamara
    • By KunSamara 30th Nov 17, 12:28 PM
    • 3Posts
    • 0Thanks
    KunSamara
    Mortgage repossession and Default Date
    • #1
    • 30th Nov 17, 12:28 PM
    Mortgage repossession and Default Date 30th Nov 17 at 12:28 PM
    Hi,

    i'm trying to clean up my credit file following on from a mortgage repossession in 2013. I stopped making payments in 2010. I need some advice regarding the correct default date if possible. The rules are complicated and confusing me, as I know mortgage debts are slightly different to other types of debts. Ideally I want to know if I have grounds to change the default date to 3-6 months from missed payments, then it will have cleared off my credit file, as I am wanting another mortgage now I have remarried and moved-on. The repossession happened after a violent marriage break-up, where myself and the children had to be rehoused to another area due to harassment from my ex.

    In summary, the default date applied is the date of repossession not the date of first missed payment. Is this correct? The lender took over 18 months to sell the house and the markers on my credit file are completely messed up in order.

    Took out mortgage March 2009 - okay until:-
    Sept 2010 - 1st missed payment '1' marker applied
    Oct 2010 '2' applied
    November 2010 '3' applied
    December 2010 '4' applied
    Jan 2011 - March 2011 - '3' applied again
    April 2011 - Jun 2011 - '2' applied again
    July - Nov 2011 - '3' applied
    Dec 2011 - '4' applied
    Jan 2012 - '5' applied
    Feb 2012 until Jan 2013 '6' applied (nearly a year!)
    Feb 2013 (Default notice)
    March - Account marked as satisfied and property sold.

    It was with Northern Rock but now Landmark mortgages. I have written to them to ask them to change the default date but not had a reply, and I don't actually know if I have grounds to do so. Can anyone help? Is there anything I can do regarding this or was due process followed?

    Thanks
Page 1
    • kingstreet
    • By kingstreet 30th Nov 17, 12:34 PM
    • 32,366 Posts
    • 17,376 Thanks
    kingstreet
    • #2
    • 30th Nov 17, 12:34 PM
    • #2
    • 30th Nov 17, 12:34 PM
    As a secured loan/mortgage isn't governed by the CCA there should be no default date.

    As typically a repossession is subject to the question 'have you ever,' rather than 'have you in the last six years,' I'd say the issue is moot either way.

    Where mortgage lenders can be pretty flexible on old defaults and even court judgments and bankruptcies, they are less forgiving with repossessions.

    I'd speak to a broker sooner rather than later and not worry so much about your credit file.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
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