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How can i remove Default i was unaware of??
Hi,
I have been studying these forums for a long time now and am going around in circles......
Way back in 21/11/2002 i took out an M&S personal loan for £4000 in MY name only. I was then deployed to Iraq in January 2003. Whilst away, i saved up money and agreed that my wife at the time we should pay off this debt in full. My marriage was breaking down and as away, told my then wife to settle the loan with M&S which she said that she had as she was in control of all financial aspects with me being frequently away.
I returned from Iraq and subsequently we went our own ways with no ties, she moved abroad and i decided to leave the Army. We divorced, end of. I met the woman of my dreams and we bought a house together in 2005, we got a tracker mortgage with Barclays and we have a family. I left the Army in August 05.
In February 09 this year, we decided that we wanted to move to a bigger property and taking advantage of the current market, applied for a mortgage that was agreed in principal on the phone. We sold our house STC and found an ideal house to move forward with.
On 10th February this year (09) i received a letter from Buchanan Clark & Wells (BCW) of a Final Notice for £3,216.23 in respect of the M&S loan.
I called BCW and they said it was never paid so i paid the FULL amount to BCW!! They said that they would pass to Aktiv kapital (AK) and update the Credit file.
At that time i immediately joined Experian and Equifax and sure enough, there was a Default entered on my credit file on 07/05/07.
This was news to me and a great shock to my family. So as to say the Mortgage was declined and the move fell apart. I cannot trace my Ex and it’s all in my name. My problem...
I called and emailed BCW as to how i did not know about it and they said they would ask their clients AK to contact me. I called AK and stated the situation and that i had only just been made aware of this default and paid the FULL amount and under the circumstances please remove the default...I was spoken to like a second rate person and told under certain terms NO. I asked politely and was told that ‘we have a responsibility to advise other lenders’ etc.
At that point i was and am still mortified not to mention my new family as because of me, we cannot move house......
So i looked around on this forum and others for hours and read up on a few cases and sent AK a statutory letter asking for the original agreement and the original letter of Default. I even rang them to ask for the original default letter to which they replied that they do not have to send it to me as there is no outstanding balance..........I just paid them £3,216.23 which i worked B******* hard for...
In return on 06/05/09 i received a TRUE COPY letter from AK containing an introductory letter NOT THE LETTER OF DEFAULT...dated 25/04/08 to an old Army address that i had left over 4 years ago stating:
We now own the debt pay us etc with AK letter head on behalf of Thames credit.
How could i have received this letter when i am on the electoral role at my current address for over 4 years? It doesn’t add up.
In the referring letter dated 06/05/09, they state that ‘We can confirm that a copy of the original agreement has been requested and shall be forwarded to you in due course. (This was in May). NOTHING RECIEVED TO DATE.
To date i have received nothing and no clear way to take this to try and remove this Default on the grounds that i NEVER received ANY letter and the letter i did receive was addressed to a location that i departed over 4 years ago. Is this acceptable proof?
Is this now on my credit file for 6 years from settlement of the default? Other than this i have NO other debt. Barclays will only entertain us for another mortgage under their conditions IF the default is removed.
Can anyone please advise the way forward on this and should i contact the Financial Ombudsman?
Do i have grounds for removal? Or are we doomed??
Thanks so much in advance
I have been studying these forums for a long time now and am going around in circles......
Way back in 21/11/2002 i took out an M&S personal loan for £4000 in MY name only. I was then deployed to Iraq in January 2003. Whilst away, i saved up money and agreed that my wife at the time we should pay off this debt in full. My marriage was breaking down and as away, told my then wife to settle the loan with M&S which she said that she had as she was in control of all financial aspects with me being frequently away.
I returned from Iraq and subsequently we went our own ways with no ties, she moved abroad and i decided to leave the Army. We divorced, end of. I met the woman of my dreams and we bought a house together in 2005, we got a tracker mortgage with Barclays and we have a family. I left the Army in August 05.
In February 09 this year, we decided that we wanted to move to a bigger property and taking advantage of the current market, applied for a mortgage that was agreed in principal on the phone. We sold our house STC and found an ideal house to move forward with.
On 10th February this year (09) i received a letter from Buchanan Clark & Wells (BCW) of a Final Notice for £3,216.23 in respect of the M&S loan.
I called BCW and they said it was never paid so i paid the FULL amount to BCW!! They said that they would pass to Aktiv kapital (AK) and update the Credit file.
At that time i immediately joined Experian and Equifax and sure enough, there was a Default entered on my credit file on 07/05/07.
This was news to me and a great shock to my family. So as to say the Mortgage was declined and the move fell apart. I cannot trace my Ex and it’s all in my name. My problem...
I called and emailed BCW as to how i did not know about it and they said they would ask their clients AK to contact me. I called AK and stated the situation and that i had only just been made aware of this default and paid the FULL amount and under the circumstances please remove the default...I was spoken to like a second rate person and told under certain terms NO. I asked politely and was told that ‘we have a responsibility to advise other lenders’ etc.
At that point i was and am still mortified not to mention my new family as because of me, we cannot move house......
So i looked around on this forum and others for hours and read up on a few cases and sent AK a statutory letter asking for the original agreement and the original letter of Default. I even rang them to ask for the original default letter to which they replied that they do not have to send it to me as there is no outstanding balance..........I just paid them £3,216.23 which i worked B******* hard for...
In return on 06/05/09 i received a TRUE COPY letter from AK containing an introductory letter NOT THE LETTER OF DEFAULT...dated 25/04/08 to an old Army address that i had left over 4 years ago stating:
We now own the debt pay us etc with AK letter head on behalf of Thames credit.
How could i have received this letter when i am on the electoral role at my current address for over 4 years? It doesn’t add up.
In the referring letter dated 06/05/09, they state that ‘We can confirm that a copy of the original agreement has been requested and shall be forwarded to you in due course. (This was in May). NOTHING RECIEVED TO DATE.
To date i have received nothing and no clear way to take this to try and remove this Default on the grounds that i NEVER received ANY letter and the letter i did receive was addressed to a location that i departed over 4 years ago. Is this acceptable proof?
Is this now on my credit file for 6 years from settlement of the default? Other than this i have NO other debt. Barclays will only entertain us for another mortgage under their conditions IF the default is removed.
Can anyone please advise the way forward on this and should i contact the Financial Ombudsman?
Do i have grounds for removal? Or are we doomed??
Thanks so much in advance
0
Comments
-
I would suggest you make a post on this thread:
http://forums.moneysavingexpert.com/showthread.html?t=1868507&page=21
the best person on here who can help with defaults is called never-in-doubt.
thanks:j:beer: :beer::j0 -
Thanks Wayne99!!0
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