Default Removal - very confused

imi7

Hi,

I need some help please. I have been working outside the UK since July 2008, and my flat has been tenanted with a Letting agent under Full Managed Service.

I have recently discovered that my Mortgage Lender (ML) has defaulted my account since June 2010, even though I have never been late on a mortgage payment. It turns out that in June 2010, my mortgage company had to pay the Leaseholder around £4000 for the outstanding ground rent and management charges on my flat (apparently the Leaseholder did not have my new details from the previous company they took over).

My ML then tried to send correspondance to this flat to chase the arrears; as I dont live there I never received anything. THe Letting agent also has not sen any of these letters. The ML finally contacted me in March 2011 (getting my abroad mobile details from the Letting Agent) to advise that if I dont pay the arrears they will repossess as they have a Court Order dated DEC 2010. Unfortunately I cannot prove that i sent them change of details back in June 2008, so they think I still live in the UK; they sent letters to the 'occupier' of the property but the fact is I never saw these in real time.

MY questions are two fold - as I have paid the arrears can I have the default notices for the last 9m removed from my account legally, or is this at the ML's discretion as they did ask me to write in stating my case; I have never defaulted in my life and can show them it was purely down to me not receiving the communication.

Secondly, can they pursue a Court Order against a Non Resident?

Thanks in advance.

PNPSUKNET

They can persue you as a none resident as you property is uk based, the default dependant on ML contract could go either way but likely to stand.