Default Date Query

doris1420

Hi All,
I was declared BR on 25 Feb 2011, Discharged Feb 2012, now going through the process of sorting out my credit file.
I have one query in relation to a default date I would like an opinion on.
When I was declared BR I owned a building plot, this was mortgaged.
The plot was in negative equity, so the receiver did not want it and it was transferred back to me.
I maintained payments on the mortgage during my BR and up until after my discharge, unfortunately I was unable to maintain the payment and the plot was repossessed and sold.
The sale price did not cover the mortgage balance, but as it was a pre BR debt no payment was required from me.
My credit file shows a default date of 16 July 2012 in respect of this mortgage.
My query is this: is this the correct default date or as it was a pre BR debt should the default date be the date of my BR?
Any help appreciated.
Thanks, Doris

fermi

In theory if they follow the ICO guidance from that time, they should backdate it.

Bit of an uphill struggle to get that done though.

See: http://debtcamel.co.uk/credit-file-after-bankruptcy/

the situation with a secured debt such as a mortgage is slightly more complicated.

• If you carry on paying your mortgage, not falling into arrears, then a default should not be recorded.
• If you have stopped paying the mortgage before bankruptcy or when you go bankrupt and a default should be recorded with the bankruptcy date.
• If you initially carried on paying the mortgage after bankruptcy but later stopped, the default date should be the date you went bankrupt, see ICO guidance in 2007 which stated:
  “[paragraph 14] [If the loan has been included in a bankruptcy] the default should be filed in accordance with the guidance in paragraphs 47 – 48
  [paragraph 48] If the customer stops payment at a later stage, the default recorded should show the date of the IVA or bankruptcy and the fact that it was settled only by IVA or bankruptcy…”
  

Note: Have a feeling debtcamel got that info off here where I posted it ages ago. :rotfl:

doris1420

Thanks for the information, I have just drafted a letter to the mortgage company requesting an amendment.
I will let you know how I get on.
Thanks

Doris1420