CCJ dropped off 1 year ago but account was never set to default

rockyboy

Hi all, I'm hoping someone can please advise as to whether my logic is correct.

Essentially I took out a Northern rock together mortgage over 10 years ago just before the recession, this included an unsecured loan of £30k.
Shortly after I was out of work for a year and built up mortgage arrears on both the secured element and unsecured element of the loan.

Despite 5 attempts of NRAM trying to repossess I managed to fight them off and eventually paid of the secured mortgage arrears however because I was prioritising the secured payments the unsecured loan arrears were not being paid and eventually NRAM applied for a CCJ.

However at the time they did not default the unsecured loan account so it is still showing on my credit file with just many late payments.

The CCJ dropped of my account about a year ago and during the 6 years prior NRAM didn't take and forceful action to recover the debt.

My understanding is that prior to making an application for a CCJ to the courts they should have set my unsecured account to default and hence it should have also dropped of my account when the CCJ did and the unsecured debt should In theory now be written off.

I did contact Experian and raised this issue, they replied stating that they contacted NRAM however NRAM stated they would not be making any amendments regarding this unsecured account on my credit file.

I would really appreciate any advise on this matter and if my logic is incorrect.

Many thanks in advance!!!

Willing2Learn

You need to request that the creditor marks the account as defaulted when you were 3-6 months in arrears. That is my interpretation of the rules and guidance...So that the account is removed from your credit file(s) six years from the date of default...

D_M_E

If you have a CCJ for the unsecured debt then the debt is not written off BUT the company which got the CCJ has to start collection attempts within I think 6 years of issue.

If they have made no attempt to collect on the CCJ then they have to go back to court and get the court's permission to collect, which may not be given by the judge since they were so lax in following through but this is not a given.

So you are not out of the woods yet.

rockyboy

Hi, thanks for the reply.

The problem is that Experian already contacted NRAM with my issue but NRAM still refused to update the credit account, I know if I call them i'm sure they will give the same reply and I think its best if I email them or send a letter.
However before I do this I want to make that my logic is correct in that the account should be removed from my file and the debt written off.

Many thanks!

rockyboy

Hi D_M_E, thanks also for the reply.

What you state is also my understanding, and yes they didn't make any significant (legal) attempt to recover the debt during those 6 years the CCJ was active although I was making some payments now again on the loan, but irrespective whether they can re-apply for another CJ am i correct in thinking the account should still be removed from my credit file even if they are successful in getting another CCJ applied.

Thanks!

Willing2Learn

Have look at the article linked below. When you read that article, you will find a link within that takes you to the official ICO guidance with regards to defaults. You can use the text of the relevant part of the guidance, as a part of your request made to your creditor. Again, this is just my interpretation of the guidance though...

https://debtcamel.co.uk/debt-default-date/

rockyboy

Thats great, thanks for the link!

[Deleted User]

They should amend the entry so that there is a default within a resonable timescale from when the missed payments started - usually by the 5th or 6th.

If they refuse then raise to the ICO