Mortgage DIP with declared default

Thrugelmir

stufielding wrote: »

By this do you mean that they will file a ccj leading up to the 6 year mark?

A County Court claim can be lodged at any time.

MJP43

But of course they cannot just put a ccj on your credit file. They will issue a summons which gives you time to settle , negotiate or defend. You can't be ambushed with one unlike a default.

chanz4

it would be very worth paying the default, as an unpaid one on full app wont look good

Thrugelmir

MJP43 wrote: »

You can't be ambushed with one unlike a default.

There's no ambushing. A default is a statement of fact. An unsatisfied default tell a lender much about a potential borrower.

MJP43

I disagree. Defaults can be issued without pre action protocol. As evidenced by the OP and countless others.

I myself had a default registered on my file by a company who had supposedly put a compensation credit on my account to cover the final instalment on a loan. All confirmed in writing. 3 years later whilst mid mortgage application they put a default on my file for the same amount.

Suffice to say it was swiftly removed after discovery by myself.

Thrugelmir

MJP43 wrote: »

I disagree. Defaults can be issued without pre action protocol. As evidenced by the OP and countless others.

The OP failed to make repayments under a contractual agreement. Therefore was in breach of the contract. You can express whatever personal view you like. That won't change well established English law.

MJP43

How did my scenario happen then ? If the'lender' had gone down the ccj route with this I would have defended and counter claimed and won.

I was blindsided with a default .

stufielding

Update on this incase it helps, puts someone else's mind at ease, had the offer through the post this morning! So move in date any day now!