I had been made aware by my ex that our joint mortgage was in arrears (I wasn't living there), but I did not see any kind of default warning or notice. Do mortgage companies have to issue any kind of formal default notice before putting the mortgage into default with the CRA? The Mortgage Code would suggest so but I'm not sure if that's still valid (mortgage taken out in 2002). And if they should have issued a notice - and didn't - can I get the default removed from the CF?

More info. Mortgage taken out in 2002 (so presumably under The Mortgage Code). Is The Mortgage Code still applicable? I know it's not current but does it still apply if the mortgage was taken out before it was revoked? I'm reading in there that I should have been given at least 28 days notice of the mortgage company's intention to disclose the situation/debt to credit agencies.

Can someone tell me the steps by which mortgage arrears formally become a default? Not so hypothetical situation - 6 months of arrears followed by sale of the house with full redemption of the joint mortgage. At what point, and in what format, would any Default have been issued or recorded? (It appears on the credit record as Settled but also Default.) I'm trying to determine whether the default was correctly issued/recorded and who/how I should have been informed, given that I was not living there at the time. Please note that I am not trying to determine blame for non-payment of the mortgage, that is without question - simply the legalities of the default.

OH had an car accident just over a week ago, we believe it wasn't his fault (car from side road turned into him). We've made a claim on our car insurance. Yesterday, our insurers said that they'd spoken to the other party's insurers who had admitted fault. Our claim would therefore proceed as 'no-fault', we would not need to pay our excess on the repair, and it would not affect our NCD. Today, I've got home to find a letter from a solicitor with a copy claim from from the third party. On the form he says his car needs repair but he's not going through his insurer; and that he's claiming for injury (whiplash etc). Unfortunately our insurer cannot help us as it's post-6pm, we need to wait until after 9am tomorrow to speak to a Claims Handler. We are worried - is the solicitor's letter & claim just the other side 'chancing his luck' or is there any chance that we'd end up liable for his 'whiplash'? Can you put our minds at rest?

Yes, I am aware that it is a stupid thing to do. However, all avenues of mediation, sale and renting have been attempted. ("Bitter" is an understatement when it comes to the divorce.) Neither of us even live in the same area of the country as the once-marital home. I have no means of communicating with my ex-wife, she is returning all correspondence to sender, and so we are not in a position to go to one of the "buy-it-quick-but-at-a-discount" companies. I am viewing repossession as the final and only remaining option to remove what is now an obstacle - if I force the divorce through whilst the house is still our joint possession, she can continue to object to and obstruct the sale for years, leading to repeated court appearances for which I have neither the time nor money. If the house is gone and all that remains is a small pot of money (if any), the court proceedings will be short and decisive. Thank you for clarifying the timescales & procedure involved in repossession, which is what I was seeking.

House is in joint names (me and ex-wife), neither of us are now living there as both are renting property. We've reached the point where neither of us now want to take responsibility for paying mortgage payments (bitter divorce ongoing). Mortgage outstanding is approx £60k; market value around £200k but hasn't sold in a year. No chance of selling now as cannot agree on price, estate agent, etc. I am happy to voluntarily surrender property to mortgage company and take the financial hit; ex-wife is however not willing (nor is she willing to pay the mortgage!). I gather that if only one person is willing to voluntary repossess, then normal repossession proceedings after non-payment need to ensue. (1) How many months of non-payment will it take before repossession begins? (2) Will I need to go to court, even though I am happy for repossession to happen? (3) Presumably matters don't finish until the mortgage company actually then sell the house, how long is that likely to take? Given the low debt-to-market value (or even repossession auction value) I am still expecting a surplus after the mortgage company has taken their arrears and fees. I understand that the surplus may be small. (4) That surplus is joint property between me and the un-divorced ex-wife. How will the morgage company pay it out? Will it go into a joint account that requires both signatures to withdraw (pending appropriate division by the divorce court); or will they divide the funds 50:50 and send half to each of us (which would obviously suit me better)? Many thanks for any help. I know that most of you on here are trying to stop repossession and I hope you are not too offended by my attitude to this in being quite happy for repossession to happen