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Skipton refusing to recognise mortgage is part of bankruptcy

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  • Skipton refusing to recognise mortgage is part of bankruptcy

    Ok sorry this is a long one concerning Credit Reference Files. I'm basically looking for someone to point me in the right direction of a solicitor that may be able to help me as this is a complex area.

    I was declared bankrupt June 2010
    I was discharged June 2011

    At the time I had a house that was joint mortgaged with my now ex-wife. Following the bankruptcy and breakdown my my marriage I was unable to afford the mortgage and ultimately the property was voluntarily repossessed by Skipton in 2012.

    It took until May 2013 for the house to be sold and left a shortfall of around £20,000

    Skipton were aware of my bankruptcy and never pursued me for the shortfall.

    In late 2013 I decide to start cleaning up my credit file to ensure the debts had been recorded in accordance with the ICO guidance document (Bankruptcy - A Guide for the Public – 2010-2015 inc issued by the ICO)

    Most wern't so I needed to write to each to ask that they

    1. Recorded the default date as the date of bankruptcy and,
    2. Recorded a settlement or partial settlement as of the date of discharge.

    All my lenders complied with this (including FirstPlus a secured loan) with the exception of the principal mortgage company Skipton. They had the default date the date of repossession and no partial settlement date.

    I complained to the ICO and they investiageted and bizarrely agreed with the lender who claimed the mortgage was not part of the bankruptcy. Unfortunately at the time of the judgement my father had just died, I was suffering with depression and I ended up missing the appeal time limit.

    Since then I have obtained a letter from the official receiver confirming the shortfall does form part of my bankruptcy as the mortgage became a contingent debt upon being declared bankrupt.

    I then decided that I would take the case to the FOS as I found previous judgements on near identical cases that found in favour of the claimant. However the FOS wouldn't get involved as they said the ICO had already ruled and their guidelines say they won't get involved if another statutory body has made a ruling.

    I had my MP write to the ICO to appeal the case citing my personal circumstances but all the ICO said was basically 'tough, we aint budging but as our rulings are not legally binding you can take the case up legally'.

    This now leaves me with the option of taking action in the courts against Skipton. I can't afford to sue for deformation and ideally need it to be kept in the small claims court. I remember reading something on here about claiming for damage to credit worthiness and thought I could use that.

    Ultimately I don't care that much about compensation just about having the dates recorded correctly so everything drops off my file 6 years post bankruptcy and I don't carry this marker for another 2 years after that.

    Any advice or if you know of a solicitor skilled in this area I would GREATLY appreciate your help!!

    I attach images showing how Skipton record this on my file and how First Plus have done after agreeing to comply with ICO guidance.


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  • #2
    Re: Skipton refusing to recognise mortgage is part of bankruptcy

    There have indeed been cases where the FOS has correctly applied the ICO's own guidance on this, where the ICO has miserably failed to do so. Even after they were aware of the ICO's opinion or findings.

    Sadly, if the FOS refuse to take on the complaint, then you'll either have to make a complaint against them themselves:

    http://www.financial-ombudsman.org.u...-standards.htm

    or indeed go 'legal'. Not something I can comment on, but others may be able to.

    Comment


    • #3
      Re: Skipton refusing to recognise mortgage is part of bankruptcy

      Problem is the FOS issued this as a final decision which I don't think I can contest?

      'An ombudsman’s decision is final. There is no further appeal to another ombudsman. This means you must make sure you have given us all your facts and arguments before an ombudsman makes their final decision – otherwise it will be too late.'

      Comment


      • #4
        Re: Skipton refusing to recognise mortgage is part of bankruptcy

        Ah, I thought you meant they had flat out refused to consider the complaint at all when you said "wouldn't get involved".

        Comment


        • #5
          Re: Skipton refusing to recognise mortgage is part of bankruptcy

          Basically the Ombudsman's final decision was that the ICO has ruled therefore they are not going to proceed with the case.

          Comment


          • #6
            Re: Skipton refusing to recognise mortgage is part of bankruptcy

            Can you confirm you have a decision from an Ombudsman not from an Adjudicator at the FOS? See http://www.financial-ombudsman.org.u...-ombudsman.pdf

            Comment


            • #7
              Re: Skipton refusing to recognise mortgage is part of bankruptcy

              Yes it's is from the Ombudsman
              Click image for larger version

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              Comment


              • #8
                Re: Skipton refusing to recognise mortgage is part of bankruptcy

                Originally posted by bankruptbunny View Post
                Ok sorry this is a long one concerning Credit Reference Files. I'm basically looking for someone to point me in the right direction of a solicitor that may be able to help me as this is a complex area.

                I was declared bankrupt June 2010
                I was discharged June 2011

                At the time I had a house that was joint mortgaged with my now ex-wife. Following the bankruptcy and breakdown my my marriage I was unable to afford the mortgage and ultimately the property was voluntarily repossessed by Skipton in 2012.

                It took until May 2013 for the house to be sold and left a shortfall of around £20,000

                Skipton were aware of my bankruptcy and never pursued me for the shortfall.

                In late 2013 I decide to start cleaning up my credit file to ensure the debts had been recorded in accordance with the ICO guidance document (Bankruptcy - A Guide for the Public – 2010-2015 inc issued by the ICO)

                Most wern't so I needed to write to each to ask that they

                1. Recorded the default date as the date of bankruptcy and,
                2. Recorded a settlement or partial settlement as of the date of discharge.

                All my lenders complied with this (including FirstPlus a secured loan) with the exception of the principal mortgage company Skipton. They had the default date the date of repossession and no partial settlement date.

                I complained to the ICO and they investiageted and bizarrely agreed with the lender who claimed the mortgage was not part of the bankruptcy. Unfortunately at the time of the judgement my father had just died, I was suffering with depression and I ended up missing the appeal time limit.

                Since then I have obtained a letter from the official receiver confirming the shortfall does form part of my bankruptcy as the mortgage became a contingent debt upon being declared bankrupt.

                I then decided that I would take the case to the FOS as I found previous judgements on near identical cases that found in favour of the claimant. However the FOS wouldn't get involved as they said the ICO had already ruled and their guidelines say they won't get involved if another statutory body has made a ruling.

                I had my MP write to the ICO to appeal the case citing my personal circumstances but all the ICO said was basically 'tough, we aint budging but as our rulings are not legally binding you can take the case up legally'.

                This now leaves me with the option of taking action in the courts against Skipton. I can't afford to sue for deformation and ideally need it to be kept in the small claims court. I remember reading something on here about claiming for damage to credit worthiness and thought I could use that.

                Ultimately I don't care that much about compensation just about having the dates recorded correctly so everything drops off my file 6 years post bankruptcy and I don't carry this marker for another 2 years after that.

                Any advice or if you know of a solicitor skilled in this area I would GREATLY appreciate your help!!

                I attach images showing how Skipton record this on my file and how First Plus have done after agreeing to comply with ICO guidance.


                [ATTACH=CONFIG]21962[/ATTACH]
                [ATTACH=CONFIG]21963[/ATTACH]
                Do you have the letter from the OR?

                Comment


                • #9
                  Re: Skipton refusing to recognise mortgage is part of bankruptcy

                  Here you go

                  Letter re shortfall-2_Redacted.pdf

                  Comment


                  • #10
                    Re: Skipton refusing to recognise mortgage is part of bankruptcy

                    <deep sigh>

                    Thanks for coming back with this - it may not help you but it will help us give better advice to other people in future - i.e. if you have a problem with the default debt on a secured loan after bankruptcy, then go straight to the FOS, not to the ICO...

                    As a matter of practicality, this default will drop off your file in under 2 years.

                    Comment


                    • #11
                      Re: Skipton refusing to recognise mortgage is part of bankruptcy

                      Originally posted by Debt Camel View Post
                      <deep sigh>

                      Thanks for coming back with this - it may not help you but it will help us give better advice to other people in future - i.e. if you have a problem with the default debt on a secured loan after bankruptcy, then go straight to the FOS, not to the ICO...

                      As a matter of practicality, this default will drop off your file in under 2 years.
                      If have a feeling there may have been some 'words' behind the scene between ICO and FOS. Especially as the case where the FOS basically override the ICO decision where made quite public or findable.

                      Comment


                      • #12
                        Re: Skipton refusing to recognise mortgage is part of bankruptcy

                        Just to give an update. After coming to the end of the road with ICO & FOS I decided I wasn't going to give up and decided to take Skipton to the Small Claims Court over this case.

                        I gave them a final chance to amend the details and to my surprise simply told the CRA's to delete the account!

                        Moral Of The Story: NEVER GIVE UP!

                        Comment


                        • #13
                          Re: Skipton refusing to recognise mortgage is part of bankruptcy

                          Great result.

                          Could you post up the particulars of claim you used when you did that?

                          Edited if needed obviously; as could help anyone stuck in a similar position with only court left to fall back on.

                          Comment


                          • #14
                            Re: Skipton refusing to recognise mortgage is part of bankruptcy

                            Originally posted by bankruptbunny View Post
                            Just to give an update. After coming to the end of the road with ICO & FOS I decided I wasn't going to give up and decided to take Skipton to the Small Claims Court over this case.

                            I gave them a final chance to amend the details and to my surprise simply told the CRA's to delete the account!

                            Moral Of The Story: NEVER GIVE UP!
                            bankruptbunny,

                            Would really appreciate if you could forward how you worded that letter to Skipton. I'm in the very same situation and having the same problems with a different Lender. I went bankrupt over 6 years ago, (the mortgage was included in the bankruptcy), lived in my home over a year after I went bankrupt, until I just couldnt afford the mortgage payments and the property was voluntarily repossessed. The shortfall was included in the original bankruptcy but the default date set nearly 15 months later. Now over 6 years on, bankruptcy has dropped off, my credit files is perfect.....APART from the mortgage default that is dragging everything back down.

                            If you could give me an idea of how you worded that "final chance" letter to skipton, maybe I could use the same points to argue my case, if that makes sense! I'm hoping if it worked for you, there might be a chance it can work for me.

                            thank you for any help,

                            Kind regards

                            Comment

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