Default Removal for mortgage

terryjread

Hello!

I truly hope someone can give us some good advice on this situation.

The current situation is that myself and my wife have been trying to get a 95% mortgageicon, which has been accepted but under a condition we can get a TMobile Default removed on my wifes credit. Up to this month we didn't ever know she had a default on her account so was a shock to see it on the credit report. The default is from 10/11/2011.

Upon investigation with T-Mobile it appears the situation happened as follows:

My wifes had a T-Mobile contract on her name but for her ex partner. When they split up she phoned up T-Mobile and advised she wanted to cancel the contract, but would require a PAC code so that her ex could take the number elsewhere. She was also advised she could cancel the direct debiticon as no further payments were needed.. At this point, the TMobile account was actually out of contract so there shouldnt of been any more fees.

According to T-Mobile, on their records, at a later time they spoke to my wife and offered to move the contract to PAYG but she took the PAC code instead so her ex could take the number with her.

After this happened shortly after she moved out of the property and she moved in with her friend.

According to T-Mobile her ex didn't use the PAC code so apparently the contract continued which in turn caused the account to default. Apparently they sent letters but as she wasnt living there she had no way of knowing if they did sent letters, but according to her ex he doesnt remember seeing any and apparently he used the phone up to April that year.

As my wife was the account holder and cancelled the account I dont see why the account was continued, especially as it was out of contract!

According to experian the first charge was £30 and each month went up to £171 and then jumped back down to £91 before showing a default charge.

We have sent letters to TMobile and have since paid off the £91 as we didn't know the full history. We have also now spoke in length to people there but they are unwilling to remove the default even though we feel that default is unjust.

We are really upset as we have found the family home and we feel we may lose it if we dont secure the mortgageicon in the next week or 2. We would even be willing to pay a nominal charge to get the default removed if it would help.

With the above information in mind, do we have a chance of getting the default removed? Should a contract continue if a PAC code isn't taken?

Many Thanks and sorry for the wall of text!

Terry

DebtClearer

I would write out the exact circumstances and send them a letter

terryjread

We have tried this but thus far have been stone walled. Tempted to try CISAS to see if they can sort this out with TMobile through some faster roots. I feel we are in the right though so hopefully sense will prevail and we will still get our mortgage!!!

chanz4

Your not right though, if its correct info only a gesture removal. Cisas will just make things worse

DebtClearer

If you cancelled the direct debit and were missing payments were you not notified about this by post?

terryjread

As advised my wife had left the address by then and her ex has since advised he didn't remember seeing post from Tmobile. The direct debit was only canceled after she confirmed with the agent she spoke to at Tmobile.

Chanz - why are we not in the right though? She canceled the contract as it was out of contract, therefore that should be the end of it?

DebtClearer

Sorry, I see what you mean. If it was cancelled I can see why you are aggrieved. Unfortunately I'm not too sure what you can do though as you have no proof. I assume any confirmation of the contract ending was never recieved either and so it just ticked on.

You are going to need to look for a goodwill gesture here and perhaps feel annoyed at your partner's ex who clearly ignored post from t-mobile. It is easy to tell you no put/get it all in writing at the time but even the best of us are guilt of taking people's word on things.

John1993_2

terryjread wrote: »

Hello!

...which has been accepted but under a condition we can get a TMobile Default removed on my wifes credit....

...According to T-Mobile her ex didn't use the PAC code so apparently the contract continued which in turn caused the account to default....

I'm afraid that the above suggests that the default is correctly registered, so it is very unlikely that you will be able to get it removed. She didn't cancel the contract, or give notice to cancel it, so the default happened.

She canceled the contract as it was out of contract, therefore that should be the end of it?

But it seems that she didn't. She took a PAC code that then allows another operator to cancel the contract, but did not cancel it herself.

While you continue to ask (politely) if the marker can be removed, I'd recommend seeing if you can get a mortgage elsewhere, too. It's very unfortunate that such a small oversight can have such a large effect, but in borderline lending cases it really can.

simeyb

Given that Tmobile aren't playing ball, have you had a conversation with you mortgage lender around the reasons for the default, that it was due to anything other than a mess up when a previous relationship broke down, its not exactly a massive amount of money, or are their criteria so stict that they just can't lend that sort of LTV with a default lurking, regardless of the circumstances.