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Re: Default notice on debt included in my bankruptcy

PostPosted: February 20th, 2017, 6:20 pm
by Debtwizard
Hello chipp1

I communicated with James Jones from Experian via email and he is of the same opinion as me;

If there’s a dispute with the lender over whether the mortgage balance was included in the bankruptcy then it’s probably a matter for their formal complaint process and then potentially the Financial Ombudsman Service (FOS) or the courts. If the debt was part of the bankruptcy then the lender should not be recording a more recent default.

I would therefore raise a complaint with the mortgage lender, once they confirm they will not alter the date then go to the FOS,

Financial Ombudsman Service (FOS)

The official independent body in settling complaints between consumers and businesses providing financial services.

Consumer helpline open 8am to 8pm, Monday to Friday, Saturday 9 to1pm

0800 023 4567 calls to this number are now free on mobile phones and landlines

0300 123 9 123 calls to this number cost no more than calls to 01 and 02 numbers.

These numbers may not be available from outside the UK – so please call them from abroad on +44 20 7964 0500

They will be happy to phone you back, if you're worried about the cost of calling them.

http://www.financial-ombudsman.org.uk

You have gone so far, I would just make that extra push by registering the complaint, you may have to wait eight weeks for the mortgage lender to sort your complaint out, if they say they will not budge then ask lender for 'deadlock letter', this will bypass the eight weeks and bring the FOS in much earlier. FOS are free for you to use.

As I say I am with James on this debt being included in the bankruptcy which meant the mortgage lender has no legal right to pursue you and this was not written off under any goodwill gesture by them.

I sincerely do hope that this is not protocol for all similar cases with this lender, adding defaults after the bankruptcy date, let's wait and see the outcome before we speculate on where to go next.

Best wishes,

Mike

Re: Default notice on debt included in my bankruptcy

PostPosted: February 20th, 2017, 7:07 pm
by chippy1
Debtwizard wrote:Hello chipp1

I communicated with James Jones from Experian via email and he is of the same opinion as me;

If there’s a dispute with the lender over whether the mortgage balance was included in the bankruptcy then it’s probably a matter for their formal complaint process and then potentially the Financial Ombudsman Service (FOS) or the courts. If the debt was part of the bankruptcy then the lender should not be recording a more recent default.

I would therefore raise a complaint with the mortgage lender, once they confirm they will not alter the date then go to the FOS,

Financial Ombudsman Service (FOS)

The official independent body in settling complaints between consumers and businesses providing financial services.

Consumer helpline open 8am to 8pm, Monday to Friday, Saturday 9 to1pm

0800 023 4567 calls to this number are now free on mobile phones and landlines

0300 123 9 123 calls to this number cost no more than calls to 01 and 02 numbers.

These numbers may not be available from outside the UK – so please call them from abroad on +44 20 7964 0500

They will be happy to phone you back, if you're worried about the cost of calling them.

http://www.financial-ombudsman.org.uk

You have gone so far, I would just make that extra push by registering the complaint, you may have to wait eight weeks for the mortgage lender to sort your complaint out, if they say they will not budge then ask lender for 'deadlock letter', this will bypass the eight weeks and bring the FOS in much earlier. FOS are free for you to use.

As I say I am with James on this debt being included in the bankruptcy which meant the mortgage lender has no legal right to pursue you and this was not written off under any goodwill gesture by them.

I sincerely do hope that this is not protocol for all similar cases with this lender, adding defaults after the bankruptcy date, let's wait and see the outcome before we speculate on where to go next.

Best wishes,

Mike


Thanks Mike.....Everything I've read (insolvency act etc) seems to all point to the debt(shortfall) being bankruptcy debt and its really good to know both you and James have that same view.

When Insolvency legislation seems so clear on what "bankruptcy debt" is, I find it hard to believe Lenders are allowed to still think they are able to work "outside" of the law in situations like this. The pain and stress they cause, seems so unfair!

I made an official complaint with the Lender and thats when they came back with the view that they had just "written the debt off" (as if it was a goodwill gesture) and said it was nothing to do with the bankruptcy. It felt like they were trying to use any excuse, so they wouldnt have to correct the default.

Protocol? I think you make an excellent point Mike. If this is setting a "precendent" with this Lender, it would explain why they have been so difficult to deal with.

Really appreciate your time and helpful replies...

Will keep you updated....

Many thanks

Re: Default notice on debt included in my bankruptcy

PostPosted: February 21st, 2017, 8:23 pm
by Debtwizard
Hello chippy1

You might wish to think about asking the mortgage lender for a 'deadlock letter' as this will then reduce the eight week waiting time before t he FOS will get involved.

Best wishes and good luck. :)

Mike

Re: Default notice on debt included in my bankruptcy

PostPosted: March 23rd, 2017, 10:35 pm
by chippy1
Debtwizard wrote:Hello chippy1

You might wish to think about asking the mortgage lender for a 'deadlock letter' as this will then reduce the eight week waiting time before t he FOS will get involved.

Best wishes and good luck. :)

Mike



Hi Mike,

Just wanted to update you....After showing section 382 of Insolvency legislation to the Lender, they have finally agreed(via the help of the FOS) to backdate the default to the bankruptcy order and in doing so, it has now automatically dropped off all my credit reports! ;)

Thank you again for all your help...

Re: Default notice on debt included in my bankruptcy

PostPosted: March 24th, 2017, 11:45 am
by Debtwizard
Hello chippy1

Really pleased that this has now been settled to your satisfaction.

There is however a worry, the mortgage lender should have already known about The Insolvency Act and in particular this section http://www.legislation.gov.uk/ukpga/1986/45/section/382

Who was the mortgage lender?

Best wishes,

Mike