Help! Cant get a mortgage because of tenants

delmonteman

Hi all. I'm having a nightmare at the minute trying to get a mortgage. I am trying to go onto my wife's mortgage & consolidate the unsecured debt we have. The problem I'm having is that I had a rental property a few years ago that had tenants in. The gas/electricity bill was not in my name (it was in the tenants name as they were liable for the payment). To cut a long story short, the tenants did not pay the bill & vacated the property one night. Since then, the energy supplier has registered adverse history in MY name at this address. This is showing as still active (I've not lived there for 6yrs and sold the property 2 1/2yrs ago!)

This has stopped me getting a mortgage. What can I do and should it be registered against me?

Thanks, in advance.

Simon_gloster

Very little. Unless the providers are happy with evidence to overturn their entry then your stuck with it. Schoolboy error from a landlord.

delmonteman

I know, now! But I had no idea that the bills weren't being paid. They weren't in my name. I don't know if they paid their mobile phone bill either! If not, would that be registered against me also?

holly_hobby

Only the firm (voluntarily or by court order) can instruct CRAs to remove a default from your credit records - so you need to deal with them in the first instance.

IF the contracted electrical supply was not in your name, then any default registered against you is in obvious breach of DPA regs, as it is incorrect processing of data - and quite how the supplier providing one individual, registers a default to someone else aka you, sounds a little suss to me - but lets go with it for now.

You claim the electrical supply was not in your name and non-payment is nothing to do with you. If so, in the first place you need to complain to the Data Protection Officer (DPO) of the supplier, citing your complaint and why you dispute the recording of the default.

If they refuse to remove the default, I would request proof of the contractual agreement made between you to provide service, which is the basis of any recorded default.

You may, if they remain obstructive (ie they maintain you are responsible, without providing evidence in support of this claim), wish to involve the Information Commisioners Officer (ICO), who regulate Firms and their recording of personal data on data subjects.

Here's the direct ICO complaint link for your ref - http://ico.org.uk/for_the_public

You may well find out from delving further with the provider, that you failed to advise them of your vacatation of the property and occupation of your tenants - which as a result left the service, useage and bills remaining in your name (of which your tenants appear to have made full use !)

Anyhoo, you have the info here to take this further if appropriate ....

Hope this helps

Holly

Thrugelmir

delmonteman wrote: »

& consolidate the unsecured debt we have.

This may also be impacting your remortgage application. Depending on the levels involved.