Halifax mortgage decline

[tallguy79]

Hi all,

 

Looking for some help if possible. Have just been to Halifax for a mortgage application. Now I wasn't declined straight away for some reason on the initial meeting which the adviser says is strange and has a ray of hope as usually this gets declined straight away. However met them today and he couldn't process it or take any money as he wasn't sure if he can get us the mortgage, due to this default which has been settled. He has said it has to go onto the underwriters where they decide. I'm not hopeful at all.

 

Now I bought some stuff through Next in which I fell behind of payments due to no work as a self employed sparky, tried to sort this with Next but debt sold to Lowells. I never signed up to an agreement with them so I assume they didn't or couldn't default me. The debt was sold to Lowells who then sent me a letter harassing me to pay. I never received a default letter or any notification that this would happen.

 

Now I am really stuck as to what to do or find out who actually set the default, as both companies deny it. What now??

 

Thanks all

[silverfox1961]

Hi, sorry you were missed.

 

Next would have filed the default as Lowells could not do so at the time as they were not the owner of the debt.

 

If Next are denying they placed a default then challenge whether they sent a default notice out. There won't be a copy of the letter but they should have something on their systems to show if one was issued. They don't have to prove it was posted.

 

A default should be placed within 6 months of the first missed payment. If you were in an arrangement to pay then no default should have been placed. If you were making token payments or no payment at all then a default will happen

[tallguy79]

Hi SilverFox,

 

Don't worry that's fine we all have things to do. Thank you for the reply.

 

Well this is the big thing, Next have denied it left right and center, for what reason I do not know. I sent them say 4 letters begging for them for mercy kind of thing, each time saying the same, we didn't do it, speak to Lowells.

 

Ok so sorry to keep you, what should I do to find out if and i could possibly fight this default. I never signed up to an agreement with Next, merely ordered some stuff online. My credit fie shows no mention of having an account with Next, surely they cant default on something I don't have with them?!? Am I being dumb here I don't know sorry.

 

Any help massively appreciated.

[tallguy79]

P.s Also I can not find the first missed payment date on my credit file since Experian cleared it up as I had double entries etc. Next used to be on my cra but that's all gone now. I'm lost

[silverfox1961]

When you sign up online, this could class as your agreement. If you didn't tick the 'I agree' box then you wouldn't have got the goods. Nowadays a tick in the box is good enough to say you agreed to the terms and conditions.

 

For you to find out what Next have, you will need to send them a SAR (template letter in library) with a cheque or postal order for £10

 

They have 40 days to respond to this request but be prepared for them delaying this as they sometimes use the Data Protection Act to get more info on your identity before releasing documents.

 

Things not showing on your credit file is a mystery. I still haven't worked out their systems.

[tallguy79]

Hi buddy,

 

Ok with that in hand then a SAR to Next seeing what they have on me or will it tell me they have a default against me?

 

Yeah can't remember if I did tick but obviously I would of to get the goods as you say. Be interesting to see what I get from this then.

 

With all this then, will I find out if they have a file on me regarding the default? Basically I want to try and see if I have any hope of battling this default with Next.

 

Thank you

[silverfox1961]

With a SAR, they send you your account history and (hopefully) a set of explanations for the codes they use. Once you have that, you can see if a DN was issued as they should make a note of it somewhere within the notes.

 

As they are saying they didn't place the default, who did? You could write to the credit reference agency and dispute it and see what they come back with.

[tallguy79]

That's the thing you see, both parties have denied it which really puzzles me. If Next prove to have given me the default what would they by law have to prove, have evidence of to make it a legally binding default against me?

 

The bank said to me that it's likely set it and sold it to Lowells, who then obviously collect the money. There is so much stuff on here don't know which way to turn. I have seen however people getting them removed from some sort of lack of paperwork or proof type of thing.

 

You heard of anything?

 

Thanks

[silverfox1961]

By challenging the default with the credit reference agencies, they have to contact the relevant parties. If both deny placing the default then the CRA 'should' remove it

[tallguy79]

Admittedly I did ask CRA to look into this but I have not heard anything definite from them. Next blamed Lowell and Lowell didn't get back to CRA with regards to this as far as I'm aware. Maybe another email to Experian with regards to this??

 

Thanks a lot Silver

[tallguy79]

Been reading into it on here in other sections and it seem's there is a way of making them prove they have a CCA and prove of the notice of default, this I will look into very much. I m drafting a letter now to send tomorrow.