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Missed mortgage payments by wife affecting my credit rating

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12 posts • Page 1 of 21, 2

Missed mortgage payments by wife affecting my credit rating

Postby Medic-mick » June 18th, 2017, 11:55 am

Hi Mike long time since I've been on here.

So a while ago Mike helped me with finishing my IVA early and I'm forever grateful.

Long story but I will try to keep it brief. During my divorce proceedings my ex wife was to keep the marital home and it was ordered that " she would try with best endeavours to get my name removed from the mortgage when she could" unfortunately she doesn't earn enough to get a mortgage by herself and my name still remains on the mortgage.

I have recently found out that she is always in arrears with mortgage payments and has set up a payment plan with mortgage company to clear her owing but she has already broken this plan after the first month. It will probably head to repossession stage again if this continues.

It is written in the court order I have that "payment of mortgage and outgoings on property, the applicant (her) shall discharge as and when each payment becomes due, be solely responsible for and in any event indemnify respondent against a, any interest and capital repayments due in respect of the mortgage. b, all sums due in respect of council tax bills blah blah.

The trouble I'm having now is that with every missed payment she is dragging my credit file through the mud and the mortgage company don't seem interested and just keep saying I am liable ??

Are there any legally minded people here that wouldn't mind trying to give me some advice or are happy to read my court order and help me.

I find it so annoying that despite clearing the joint IVA all by myself and doing the right thing I'm still being dragged down. Any helpers ??

Mick
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Re: Missed mortgage payments by wife affecting my credit rat

Postby Debtwizard » June 18th, 2017, 8:30 pm

Hello Medic-mick and a very warm welcome back to the DebtWizard IVA and debt help forum.

Just to clarify, you are not asking about coming off the mortgage and from what you have said you are not liable for any mortgage shortfall debt following any repossession. Your question is purely on how to protect your credit rating? Is this correct?

Best wishes,
Mike
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Re: Missed mortgage payments by wife affecting my credit rat

Postby Medic-mick » June 18th, 2017, 9:18 pm

Hi Mike
I'm actually asking about both to be honest. I want off the mortgage but mortgage company saying that can't happen unless she takes it on alone and with her credit rating and wages that won't happen. With that in mind information needed as to what I can do to protect my good name from being dragged through it.

Mick
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Re: Missed mortgage payments by wife affecting my credit rat

Postby Debtwizard » June 19th, 2017, 11:42 am

Hello Medic-mick

I can see where the mortgage company is coming from re the earnings bit. Only saving grace is that you say you are not liable for any losses occurring from non payment.

Re the credit file I wonder if there is any merit in you writing to the mortgage lender explaining your predicament, send them a copy of the court order indemnifying you from any losses and requirement to make payment on the mortgage. You never know they might think about it, failing that you could go to The Information Commissioner (ICO).

Personally I would try the lender first and ask them to stop recording non payment or arrears against your credit file as you are not responsible in law to make these payments. If they refuse then I would go the ICO route.

I can give you full contact details for the ICO in another post if you want them, they have a helpline number as well.

Best wishes

Mike
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Re: Missed mortgage payments by wife affecting my credit rat

Postby Medic-mick » June 21st, 2017, 3:37 pm

Hi Mike I have sent a letter today to the credit reference amendment team with a copy of the order asking them to remove my name from any prior missed payments and any future missed payments.
I will keep you informed.

If anyone has any ideas about how to force my name off mortgage please let me know. Thanks
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Re: Missed mortgage payments by wife affecting my credit rat

Postby Debtwizard » June 22nd, 2017, 10:46 am

Thanks for the update Medic-Mick

Look forward to hearing how you get on.

Best wishes,

Mike
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Re: Missed mortgage payments by wife affecting my credit rat

Postby Medic-mick » July 20th, 2017, 4:06 pm

Hi Mike. After waiting weeks for the postman I decided to call Halifax bank of Scotland today and apparently the man in Manila who gave me the addresses to write to has given me an address no one in the U.K. Knows anything about and they have no trace of my letter.
Was also told today that they wouldn't be able to amend my file at source anyway that I would have to contact the main credit file companies direct and ask them to do it their end ?
Do I have to be a member of these companies to write to them and do they have to reply either way if I'm not a paid up member ?

Mick
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Re: Missed mortgage payments by wife affecting my credit rat

Postby Medic-mick » July 20th, 2017, 4:14 pm

Also do you know the addresses and correct departments to write to for them ?
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Re: Missed mortgage payments by wife affecting my credit rat

Postby Debtwizard » July 22nd, 2017, 9:36 am

Hello medic-mick

I asked James Jones (one of our forum panel members) from Experian that question, and his reply was absolutely not need to be a member.That said you might have to write to the other credit reference agencies (CRAs) as well to cover all your tracks. If you want to do this then let me know and I will find the details for you.

Full contact details and opening hours for Experian can be found on this link; http://www.uk.experian.com/bi/sp_contact_us.html

Be good to read how you get on.

Best wishes,
Mike
How do we help at DebtWizard?

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Re: Missed mortgage payments by wife affecting my credit rat

Postby Medic-mick » August 3rd, 2017, 9:14 am

Hi Mike. I am writing a covering letter to go with the court order to send to all the CRA's this weekend. Just wondered if you had an easily available list of all of them ? Was going to do the big ones but I might as well do all of them to cover myself.
Hope your well

Mick
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