one big mess!!

Blakey1982

Hey Everyone,

I feel like i just cant win, when i sort one thing out something else happens and i'm really feeling down. 2 years ago my credit rating was 363 out of 1000 so extremely poor. Now its 798 after some serious actions and money saving etc. I then apply for a loan to finalise the last stage of my recovery and get refused!!

I asked why and she said there is a default notice against a house i used to own. I was astonished as this doesnt show on credit expert or Equifax so I asked when that was logged - July 2007. The problem being I sold this house in May 2006. Her advice was to write to Equifax and ask them.

I immediately rang the solicitors and they said they have no record what so ever of me selling the house!!!!

I went home and grabbed all the documents i kept and have a statement and letter advising me that the sale was completed on 5th May 2006 and here are the details and final money statement etc etc.

I really dont know what to do.......obviously this house is in my name so need to change that (how?), the default is against me so need to get that removed (how?) and all this because I applied for a loan, got refused and this is another black mark!!!!!

i just cant believe it - do I have any legal case against the solicitors to seek compensation as I am furious.

Thanks

Paul

oh and by the way I cant find my passport so have to buy a new one as I go away in 8 weeks!

poorandindenial

Hi Paul

Sorry to hear that things are so rubbish, just a few things that it would be useful to clarify

Whether the house has been sold (and you are probably OK, it is likely that the solicitor has just lost their records, check with the land registry - actually check on the link from this website to view all sales in your area and see if yours is there - I think it is in the council tax section - click here) shouldn't make a difference to where the default notice goes as notices go on people not addresses now so there are several possibilities:

1) this is your debt and you forgot to tell them you had moved
2) this debt is nothing to do with you and the debt has been applied to the wrong credit file
3) this is your debt, you told them you had moved but they didn't update their records or didn't tell the DCA that they sold it to

soooooooo

Is there any chance that this debt is yours?? If so then the good news is that if they have issued the default to the wrong address then you have a fairly good case to say that they haven't notified you.

Who is the default registered by?

The credit reference people have a duty to represent accurate information so they should be able to help you sort it all out.

Blakey1982

Brilliant advice!!

I've gone all the way through every nook and cranny and yes this was my debt (well my debt caused by the ex from a relationship breakdown he-he) - its a Lloyds TSB credit card that shows as up to date until May, then a 1 (payment missed) in June, then a D (for Default) in July, then nothing afterwards.

I've checked all my records and the house definately sold on 5th May 2006 (its on that website too - NP19 0RY Number 1 Brown Close) so its not the house thats the problem as you say. One thing though is that I have checked all my documents and I actually sent payment to Lloyds TSB for the full balance on the 30th April 2006.

I have initiated an enquiry with Equifax about this so hopefully that sorts it out.

What usually happens?? Do they just remove the Default??

Frustrating as I fully paid the balance on 30th April 2006 then Default issued on the 25th July 2007!!

poorandindenial

OK, if Lloyds genuinely think you haven't paid then the defasult is 'right' from equifax's point of view. So you will need to challenge with Lloyds too to get them to update the information. Best thing to do is to write to them as well stating that the default is in error and enclosing copies of the documentation that says that it is fully settled. I am sure there is a template letter for challenging a default on here - I will see if I can find it.

Lemon_Tree

i could be wrong, but i'm sure everything stays on your account for 6 years, but i am probably wrong and someone will be along soon to tell you the right answer.

Blakey1982

HI Lemon - yes apparently it does stay on there. So frustrating though!!

Thanks for the advice pooandindenial - if you do find that template let me know as I do have all the documents to hand so i'll get them sent out tomorrow and see what they come back with.

poorandindenial

Gah - I can't find anything that I am looking for today (haven't had coffee yet) - see here for some bits and bobs that you might be able to use (actually copied and pasted advice from insolvency helpline)

http://www.moneysupermarket.com/COMMUNITY/forums/t/letter-template-for-default-removal-20216.aspx

ANd you can also try googling default removal letter and things like that

Do let us know how you get on and if you want to draft a letter an pop it up here then we can have a recce and make suggestions for tweaks if that would be useful.

Blakey1982

http://www.learnmoney.co.uk/credit-cards/remove_default_notice.html

This looks like a decent strategy

Thanks for your help everyone!