to ask if you have ever had a CCJ or default?

[munkeychops]

We have been paying off my partners debt for four years now. I didn't know about it when we got together - £30,000 in credit cards and loans. I was obviously really shocked and angry at first but I love him, and I know he has learnt from his behavour and only didn't tell me because he was scared.

Anyway, we have tried really hard to pay it off and haven't been able to move house as a result of this situation. We have a daughter and my end goal has always been to be able to get things straight so we can get somewhere with a garden for her to play in.

We were in dispute over one of the debts, as there was no credit agreement - we were still writing to them etc to say they needed to supply that by law, but they have now added a default onto my partners credit file. I am so upset, I have tried so hard to be supportive of him but now I feel like we are never going to be able to get a mortgage.

I have never bought anything on a credit card in my life or been in debt and have always worked, yet I have spent the last four years of my life scrimping to try and resolve this to find just as we are getting on top of things that a default has been added that will affect our ability to get a mortgage for the next six years.

I could do with cheering up.

Has anyone managed to get a default removed in similar circumstances?
Has anyone else been in a lot of debt? I feel lke I am the only one sometimes and it really gets me down.

They can and should remove the default if they have no proof of debt. When have they put the date of default? Also is the default in the name of the original card/loan or the collection agency?

You will get a mortgage because a default can only last six years and then poof. You will still show what you are paying out toward existing creditors but the default will no longer show ...so you just need to avoid new ones.

Get the company to show you a copy of the actual default notice, you claim not have received it, it may never have been sent. I may be a debt that was paid and settled but has been sold in error. Keep pushing for info and proof and demand they remove it.

munkey I'm a (trainee!) adviser at the CAB and there is a huge amount of information here about debt management and there is information about how to contest a debt

www.adviceguide.org.uk/index/your_money/money_management_index_ew.htm

Sometimes getting the CAB involved as well can push a creditor along.

We help people with debt and we also recommend Payplans because they don't charge clients and they take their fees from the creditors.

I really don't mind if people cry on the phone to me - I know it can be grim getting on top of debt.

NinkyNonker the OP asked (in AIBU) whether anyone "have ever had a CCJ or default". My own answer is no, and I added that credit isn't bad, it's how you use it (exploit it for your own gain, hopefully!). That's simply answering the question, not "opining" in somewhere that an opinion hasn't been asked for.

If the OP wants decent, solid advice, she'd be better off posting this in the Money forum, not AIBU, and asking such a closed question in the thread title. Or, better yet, posting in the Debt forums at the MSE.. which is what I came on here to post if it hadn't already been mentioned by the time I typed it out.

the only way it would be removed is if the debt is proved to not be owed - did your partner have the cash from the loan when it was taken out? If so why is he trying to disprove it?

either way - the golden rule, even when a debt is in dispute, is to maintain payments - if you are proved right then the money would be returned to you - in this situation you were in the wrong to stop paying - who advised you not to make payments?

if the company that you were in dispute with said not to pay then you might have a case.

Equally - if you did not receive a notice of default (advising you had 30 days to clear the arrears or the account would default) then you could dispute the default but you would need to clear the arrears immediately as they will issue said notice of default immediately giving you 30 days to pay up.

Alternatively await the outcome of the dispute and if it is your favour then the whole debt would come off the credit file - if not though the debt and it's default would stand.

not had one myself but my job was compliance and strategies analyst at a bank so we dealt with a lot of fos/fsa stuff

ps if cccs or cab are busy/ have big queues then there is nothing stoppjng you from writing a letter of complaint to the company - if they do not respond satisfactorily then you can write to the financial ombudsman who will imvestigate your case and make a ruling - they are usually very fair

maddening, what's niggling me is that the op says they've been paying off the debts for years and a new default has appeared.

It definitely needs investigating, especially if it has been sold on and an error has been made, if it is an old debt in dispute, than it seems odd to issue a default after a sustained amount of time?

Agree, it might be better to post on the money boards with more info

Munkeychops try not to worry.

We've had CCJ's in the dim and distant past, thinking back one was for Council Tax - they're very quick and won't accept a payment plan until after the court judgement.

It may take time, but you will be able to get a mortgage at some point, though it may mean the most favourable options aren't open to you.

I had a CCJ as a result of poll tax demand, so was long time ago. First time I applied for a mortgage afterwards got turned down, but mortgage broker helped me get a mortgage elsewhere. But it was a long time ago so I don't know if it is different now.

Just to say I did manage to move onto a better mortagge deal after 2 years of showing that I had no defaults.

We were in dispute over one of the debts, as there was no credit agreement - we were still writing to them etc to say they needed to supply that by law, but they have now added a default onto my partners credit file.

Get some advice about this. As suggested, try the MSE forums. Also www.consumeractiongroup.co.uk/forum/ might be able to advise.

Does your OH remember the debt?

Don't worry about one default. Keep on with the other debts, make sure you don't miss any payments. Again look on the MSE forums for advice about getting a mortgage with a default.

I work voluntary at a werlfare rights organisation, i 'do' benefits etc,though.

Our debt advisor has had defaults removed and unproven debts removed, if they haven't signed a credit areement etc.

There may be other free organisations in your area, as well as the CAB, i would go and see someone over this.

Are you getting good mortgage advice, as well, there are different 'deals' about.