Repossession and credit file advise please

sip06092016

Hello I need some advise please
I had a mortgage with an ex partner
Due to the abuse I received from him for my safety I had to leave our home, after months of trying to get him to sell & him refusing saying he would live there and pay the mortgage ect, he ended up getting into arrears, I tried to start to force sale, but by that time it was too late and got repossessed with a 32k shortfall, this was almost 4 years ago, I have not been contacted my the mortgage company since, I am now with a new partner who has his own mortgage and we have a child, I started to look into bankruptcy because I just wanted a clean slate & knew I would never be able to pay 32k off and also that my ex partner wouldn't pay it either, I have checked my credit file on experian & noddle and the repossession is no where on my credit file, and my credit rating it good, what does this mean? Has it been written off? Not sure what to think. If the debt is no longer owed then I don't want to go bankcrupt but I need to know for sure.
Any advise would be brilliant thanks.

[Deleted User]

You'll need to call the lender.

A mortgage debt isn't statute barred for 12 years after​ last acknowledgment.

john1002

And it will not show on your credit report as repossession stopped been reported many years ago. As it stands the mortgage company could come after you at any time for the shortfall and then it would show on your file as soon as enforcement action was taken.

John

DCFC79

Get yourself registered on clearscore too.

sourcrates

As above, if you were named on the mortgage this would appear on your credit file.

The fact it is not there suggests you may not of been named on the mortgage, in which case you are not liable for any debt.

Check all three credit reference agencies to make sure.

sip06092016

I was named on the mortgage but I was the second person, as in all letters sent to us regarding the mortgage had his name first and my name underneath.
I just don't understand why I haven't been contacted in almost 4 years about this debt.

National_Debtline

Hi sip06092016

sip06092016 wrote: »

Hello I need some advise please
I had a mortgage with an ex partner
Due to the abuse I received from him for my safety I had to leave our home, after months of trying to get him to sell & him refusing saying he would live there and pay the mortgage ect, he ended up getting into arrears, I tried to start to force sale, but by that time it was too late and got repossessed with a 32k shortfall, this was almost 4 years ago, I have not been contacted my the mortgage company since, I am now with a new partner who has his own mortgage and we have a child, I started to look into bankruptcy because I just wanted a clean slate & knew I would never be able to pay 32k off and also that my ex partner wouldn't pay it either, I have checked my credit file on experian & noddle and the repossession is no where on my credit file, and my credit rating it good, what does this mean? Has it been written off? Not sure what to think. If the debt is no longer owed then I don't want to go bankcrupt but I need to know for sure.
Any advise would be brilliant thanks.

It can happen that you are not contacted for a number of years about a mortgage shortfall debt. There’s not really any explanation that can be given as to why. The mortgage lender is expected to write to you within 6 years of the repossession if they intend to chase you for the debt. But bear in mind you may not receive that letter if you have not informed them of your new address.


In terms of when the debt would become statute barred, meaning they have run out of time to take court action, for the capital part of the mortgage there must be a full 12 year period where neither you nor your ex partner have paid the debt, you personally have not acknowledged the debt in writing and a CCJ has not been obtained. There is a factsheet that explains more on this here https://www.nationaldebtline.org/EW/factsheets/Pages/mortgage-shortfalls/mortgage-debt.aspx.


It’s very unlikely that the debt is not showing on your credit report because it has been written off. Firstly because it would be very unusual for a creditor to write a debt off without you even requesting it, and secondly a write off should still be recorded on your credit report. Before going bankrupt you need to seek advice from one of the free debt advice agencies, although you may not be named on your partner’s property it could still be affected by you applying for bankruptcy. How it is affected depends on your particular circumstances.


Susie
@natdebtline