Failed debt claim, default notice on credit file not updated

roversrobin

takman wrote: »

The problem isn't that she didn't pay it in full and on time the problem is that she completely ignored the debt and didn't come to an arrangement with Lloyd's to pay it back at a rate that she could afford.

You have both been actively trying to avoid paying back the debt even though you obviously have the money because you have managed to save up a deposit for a house.

You then think they are in the wrong for applying a default!. So i thought i would give you a bit of a reality check.

But your "reality check" is based on very few facts.

I haven't said anything about them being in the wrong to apply a default. I completely understand that this is the correct process. All I am looking for is clarification on whether there is anything I can do about it in the short term to assist with our mortgage application, or whether we have to park that idea and wait until it drops off the credit file.

And we don't "obviously" have the money - you don't know how much the debt was for, or the situation with the mortgage (which isn't for a new mortgage). You are making assumptions about our situation, and that is what I don't appreciate.

I apologise for coming across as defensive here, but I came on these forums for advice, not judgement, and I feel your tone and comments are uncalled for.

Thank you for all the responses on this thread. I have the information I need to progress with this.

Geoff1963

This is rather like the civil / criminal law paradox, in which a person can be found innocent of a crime, but found liable to pay redress - because the threshold of proof is lower. Al Capone went to jail for tax evasion. A debt which is legally unenforceable, might still allow the unsatisfied creditor to put a spanner in the debtor's future plans.

I think this forum generally takes a dim view of people not paying what they owe, so are a bit reluctant to give advice on how to do that ; or avoid spanners in one's works. Having said that, there can be reciprocal unfairness ; so legally avoiding what you should pay, can be morally offset against having been made to pay what you shouldn't.

PixelPound

The debt is still owed, so I doubt lowell will remove the default, it is after all factually accurate. If you believe the default date is wrong you can challenge that, otherwise they have no reason to remove it. In fact they can still chase you for the debt by letter etc. The claim was stayed so not going for a CCJ. If they were to get evidence in future,before it goes stat barred, then a new claims form could be issued. Did they say you no longer owe the debt or were writing it off?

Yorkshireman99

The facts are that she defaulted on the debt and as a consequence her credit history reflects that. If that has unfortunate consequences on future borrowing that is her fault. In the real world lenders quite rightly want to know what risk they are taking. Nobody who can't pay their existing debts should even consider getting even deeper into debt. If you consider this a reality check then you are correct.