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Default notice query

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(@upstream)
Reputable Member
Joined: 14 years ago
Posts: 251
Topic starter  

I had posted this query in another thread but it probably wasn't the right place so am starting a new one.

I have query about an entry on my credit file. I had a mortgage at the start of my TD but the property was in a lot of negative equity. I attempted to surrender the house and to cut a long story short, it had to go through the lengthy process of being formally repossessed.

My TD was signed in November 2010. My credit file with Equifax shows the mortgage being in arrears from that date but the default notice isn't marked until January 2012 when the house was finally repossessed. The account is then marked settled in September 2012 when the house was sold, and the shortfall became a claim in my Trust Deed.

Can I contact Halifax to request the default notice is put back to when the TD was signed in 2010, which would then predate all of the delinquent payment notices, or will I have to stick with the default notice staying at September 2012, as the shortfall didn't really exist until that date?


Glad that's over with....


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

I believe you should be able to get the default date changed to the date of the trust deed, upstream. How easy that will be is another question!


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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 17 years ago
Posts: 13594
 

This might be contentious upstream.

The following comes from the link in the article we added on this subject this week:

"4. If you fall into arrears on your account, or you do not keep to the revised terms of an arrangement, a default may be recorded to
show that the relationship has broken down. As a general guide, this may occur when you are 3 months in arrears, and normally by the time you are 6 months in arrears. There are exceptions to this which may result in a default being recorded at a later stage,such as secured or long term loans e.g. mortgages, or if the product operates in a more flexible way e.g. current accounts, student loans, home credit. If an arrangement is agreed (see Principle 3 above), a default would not normally be registered unless the terms of that arrangement are broken. Apart from being 3 or more months in arrears there are other circumstances which may lead
to the recording of a default:
1. Property such as a house or vehicle has been repossessed or handed back with no indication to pay a remaining balance.
5. The account is or has been included in a bankruptcy, CCJ, Individual Voluntary Arrangement (IVA) or similar".


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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 17 years ago
Posts: 13594
 

Contentious doesn't mean that you shouldn't try however.

There seems to be a clear argument why backdating might be appropriate.


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(@upstream)
Reputable Member
Joined: 14 years ago
Posts: 251
Topic starter  

I think I will definitely give it a try. I had a credit card with Halifax and they were the first company to amend the credit file for that out of all the creditors I contacted. I don't mind the arrears notices staying where they are but it would be good to get the default notice put to the start of them, rather than at the end of them. And, if that happens, and I've read the article correctly, it may all disappear from the credit file 6 years after the signing date of the TD.


Glad that's over with....


   
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