CRF mortgage AP incorrect

Rrushi_Shqiptar

At last I have managed to embed an image for you all to see.

I am convinced that this report is wrong. I believe they should of reported a default dating back to the original date of the BR 22/12/2009 Aa per the ICO guidelines 2007.

Where a customer continues to pay a debt in line with the original contractual obligations, despite the debt being included in a bankruptcy or IVA ( including where the bankrupt agrees with Official Receiver that payments will continue), the lender would not be obliged to record the account as in default. 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

I feel the red section is appropriate as we did in fact stop paying when we found out the IP was going to sell the home but prior to this, Jerrold Holdings/Cheshire Mortgages tried on three separate occasions to evict us from the property and take possession, it was only at court this was this stopped therefore they must of believed and in fact sworn an oath in court that this was the case to obtain the possession orders. Am I right? This is driving me insane and I have only just over a month before my BR drops off and I don't want this on my file for another 2 yrs or so.

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fermi

Your image link doesn't work.

Rrushi_Shqiptar

Bumped for Fermi to see as link was down earlier

fermi

If they went for possession proceedings due to arrears, I can't see how they could argue that a default should not have been applied.

If a subsequent debt of a shortfall or costs/fees went into the bankruptcy, then it would also be arguable said default should be backdated to the BR date.

Rrushi_Shqiptar

I have written to them snail mail and email, placed a complaint via their online service and an enquiry via Equifax hopefully they will get the message.

I pointed out the ICO's Guidelines concerning these issues as provided by yourself and Sara @ Debt Camel.

I pointed out to them that on three occasions they went for possession orders and therefore that must imply that they thought had been in default.

I also suggested that they deal with it ASAP as they had already been found "wanting" by the FSA and had to pay me compensation previously as a result.

I obviously pointed out that I shall make a complaint with the ICO and FOS should they fail to correct the issue especially as I may be distressed if I attempt to obtain credit and or a creditor checks my CRF and they have reported my account incorrectly....They also received the full amount for the property after the sale.

Thanks.

chrislee2810

I am going through something fairly similar with a secured loan, they are refusing to default the debt and have recorded 7 years worth of missed payments. You will need to write to them stating that you will get the ICO and FOS involved. They will probably give you a final decision. The mortgage company did not agree with my complaint because the regulations are slightly different for secured loans, when I spoke to the ICO they thought that I had a case, my case now sits with the FOS and ICO.

fermi

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

t can be harder to get mortgage lenders to correct a date. If the lender has recorded the default date as being the date your house was repossessed not the date of your bankruptcy, you should include in your letter the quote from the ICO guidance in 2007 that is given above. However it seems that the ICO is failing to apply its own guidelines with this type of situation – if the ICO rejects your complaint, you should complain to the Financial Ombudsman. Here are two cases where the Financial Ombudsman has upheld the complaints, applying the rules about dates as they are described in this article: HSBC mortgage case and Platform mortgage case.

Rrushi_Shqiptar

chrislee2810 wrote: »

I am going through something fairly similar with a secured loan, they are refusing to default the debt and have recorded 7 years worth of missed payments. You will need to write to them stating that you will get the ICO and FOS involved. They will probably give you a final decision. The mortgage company did not agree with my complaint because the regulations are slightly different for secured loans, when I spoke to the ICO they thought that I had a case, my case now sits with the FOS and ICO.

Well I have threatened that. I have sent the email, letter and via an online portal. Its pretty obvious in my case I believe as they went for possession after the BR and defaults did occur. They also received the full amount on the sale of the property.
Fingers crossed

fermi

Rrushi_Shqiptar wrote: »

They also received the full amount on the sale of the property.

That may blur things a little, as it's a lot more clear cut if there is something like a shortfall which is then a bankruptcy debt that falls into the BR in it's own right.

Will have to see....

Rrushi_Shqiptar

mmmmmm I see your point but surely as I was a forced sale as a result of a bankruptcy and they sought possession earlier.....Then it is almost a postcode lottery deal as I lived in a well to do area but if I was in a less desirable one it may of not sold so well

Wonder why they left reporting of the account so long? Was with them since 2007