Will we still get a CCJ on our credit report?

neildonn

Hi guys,

Was in the County Court this morning for about 1 minute for being in arrears for the mortgage. We had paid about 95% off before today and tried to get the court hearing adjourned by phoning them up and requesting to speak to the manager but he did not reply back.

So we attended and luckily the case was adjourned with the mortgage lender will not be aloud to summon us the the county court for 12 months.

My question is, will we still get a CCJ? And, should we make a complain to the FSA, due to the fact that we tried to resolve this over the phone and they didn't want to know us?

Thankx inadvance,

Neil.

Note: the mortgage lender is Prefered / Capstone

rsykes2000

If the case was adjourned, the Court didn't make a judgement, so you can't get a CCJ from today.

neildonn

rsykes2000 wrote: »

If the case was adjourned, the Court didn't make a judgement, so you can't get a CCJ from today.

Thank you rsykes. We have another mortgage lender ready to take over too a fixed rate, just wondered if we would have got a CCJ.

But again, thank you.

Discocat

As Neildonn says you won't have got a CCJ but it would be worth checking your credit file to see if any of the missed payments have been recorded against you. It sounds like you have already secured another mortgage but in most cases, whereas a few credit card missed payments are overlooked by potential lenders, late payments on a mortgage aren't viewed in quite the same light.

luckyfool

Assuming Preferred/Capstone are your main lender then the court hearing was presumably for an application by the lender for a repossession order or suspended repossession order. Even in the event of them having been successful in obtaining such an order I do not believe this would have been registered against you as a county court judgement in the sense that it would appear on your credit file or be held against you by lenders.

As has already been mentioned any arrears on your mortgage which you have confirmed have almost been cleared will show up on your credit file and have presumably been taken into account by the new lender that has agreed to the remortgage for you.

Cheers

Luckyfool

neildonn

Thank you Luckyfool.

Cute_'n'_Quirky

It will have registered a default.

HelpWhereIcan

Cute_n_Quirky wrote: »

It will have registered a default.

Plus, a suspended repossesion order can also be recorded on the hunter system that lenders use to share info on.

You need to contact the court to confirm whether they have granted a suspended possession order or refused to grant an order on the basis of the lender not showing that they made a reasonable attempt to collect/come to an arrangement with you. Both are different and could have different consequnces.

neildonn

HelpWhereIcan wrote: »

Plus, a suspended repossesion order can also be recorded on the hunter system that lenders use to share info on.

You need to contact the court to confirm whether they have granted a suspended possession order or refused to grant an order on the basis of the lender not showing that they made a reasonable attempt to collect/come to an arrangement with you. Both are different and could have different consequnces.

My wife and I was thinking of selling the house or go to another lender with a fixed rate for about 2 - 3 years. With the default (which we knew we would get) and probberly the suspended possession order would you think the selling up and renting be a much better offer?

The mother-in-law mentioned going bankrupt, which after what I've read it may not be the best option.