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Bloody charlatans. :(

10 replies

ThatGhastlyWoman · 16/04/2012 18:57

Feeling extremely fed up this evening... apologies if this is confusing or long: hopefully someone with some knowledge on how this all works might have some advice, though?

We have found out today that, owing to an inaccurate report which is on my OH's credit file, we are unlikely to get a mortgage. We have found the place we want to buy; we love it, have the deposit (20%) ready in the bank. My OH earns a pretty decent wage. Neither of us have any debts.

The origin of this error is an IVA that my partner had to take out after a very serious accident he was in. He was left in a very bad situation, financially, and for reasons I don't really understand, wasn't even eligible for income support. Rather than file for bankruptcy, he sorted out an IVA. All of his creditors were paid in 2007, and the full amount was cleared about two years ago.

One of the debts was bought by a company called IND, who, after the IVA was already in place, registered a CCJ. (They are not allowed to do this.) My partner never received a summons for this. He did receive a notice of judgement afterwards, at which point he contacted IND, the IVA company and the court to explain that this had been filed wrongly- and sent copies of the IVA to those concerned. He doesn't now remember whether they replied, but was assured by the IVA company over the phone that they would sort it all out.

Fast forward to our mortgage: it turns out that the CCJ is STILL on his record. He is currently seeking to get the CCJ set aside, but has been advised that this will take 'some time'.

Does anyone have any experience or knowledge of what is involved in this- how long it might take, and how to get it fixed as quickly as possible? We really don't want to miss out on the property which we have fallen for; out tenancy is going to run out soon too... and it's a total mess.

:(

OP posts:
ThatGhastlyWoman · 16/04/2012 19:20

bump

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RockChick1984 · 16/04/2012 21:21

Have your mortgage company said they would still be willing to offer you a mortgage despite the IVA (ignoring the CCJ issue)? As for the majority of lenders this alone would mean the mortgage would probably be declined. Could you get the mortgage in just your name rather than joint, this is what me and DH had to do as he has poor credit due to redundancy a few years ago.

ThatGhastlyWoman · 16/04/2012 22:21

Hi Rockchick- thanks for the reply.

We went to an independent advisor who offers a range of products. She knew about the IVA, as we asked her at our first meeting and she said it wouldn't be an issue for us! (We haven't paid her any fees, so I would be surprised if she would intentionally mislead us.) Also, my partner specifically did the IVA rather than bankruptcy as he wanted to avoid this sort of issue later on. Otherwise, what is the point of spending years paying off creditors?

I can't get a mortgage in my name as I am not working- I look after our baby at the moment. Even if I was working, I doubt I would be making enough to satisfy a mortgage lender. :(

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RedHelenB · 17/04/2012 07:59

The IVA will be on file for 6 years from the start of it so his credit rating will be shot till 2013 in any case.

ThatGhastlyWoman · 17/04/2012 08:10

Christ. Having just googled it, I see you're right. Just wait til he gets up. Angry

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ThatGhastlyWoman · 17/04/2012 10:38

Ah. Turns out that you can actually get a mortgage even if you are still in an IVA. OH just sent me this info pasted below. Unfortunately I seem to have pissed him off a bit as I thought he had overlooked something major- turns out he hadn't. Gah. Too much stress!

' Anyone asking whether they can I get a mortgage with an IVA will be pleased to know that the answer is:

Yes? You can get a mortgage when you are in an IVA.

There are obvious difficulties that will lay ahead for anybody who wants to apply for a mortgage whilst they are in the process of an IVA, as the IVA will have an impact on their credit worthiness.

This in turn will have a negative impact on the choice of mortgage products the debtor will have, and which mortgage companies will be be prepared to offer the mortgage too.

Over the past months there has been a major shake up of the mortgage market, and some drastic reductions in the mortgage products available in the mainstream, however, there are still some specialist companies that provide mortgages for people who are in IVAs.

There will be some obvious differences between the normal ?prime? mortgage products available on the high street, and the ?sub-prime? mortgages that are available for people in IVAs, and here are two of the main differences to be aware of:

Interest rates. People who have a poor credit history will be seen as a greater risk than people with a good credit record, and the risk is reflected by an increase in the interest rate being charged. There is a higher risk attached to the mortgage, so there is a higher reward for the lender.
Larger deposit. People who are considered a risk to the lender will be required to invest more of their own money in a property before a lender will accept the risk is worth taking. This can result in sizeable deposits being required to ensure the loan is offered.

This second point is why most people in an IVA will struggle to get any further.

After all, the general terms of an IVA insist that a debtor must inform their Insolvency Practitioner if and when they have available a large sums of money, including the deposit for a house, and therefore being in a position to place a large cash deposit down on property is unrealistic for someone who is in an IVA already.

However, there are circumstances where a deposit could be made available by a 3rd party, for instance a parent, a husband or a wife, where the 3rd party themselves are not in the IVA, but either want to buy a property with, or on behalf of the person in the IVA.

This is completely allowable, though documents should be drawn up to outline the terms under which the deposit has been provided. This is prudent practice, and will protect the deposit from the IVA creditors in the future.'

So, there you go. It really is just this erroneous CCJ causing the issue.

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RockChick1984 · 17/04/2012 18:43

There's very few mortgage lenders though who will still lend if you have an IVA in the last few years, have you asked the mortgage broker which lender she has looked at for you? Frequently a Sub Prime lender would still consider you even with a CCJ if the IVA isn't a problem to them.

ThatGhastlyWoman · 17/04/2012 19:15

OH has spent a lot of today looking into all of this further- and we now feel that we have been mis-advised by the broker and do plan to go elsewhere for advice, now. We were completely honest and up-front about the IVA from the beginning, and all the details were there in black and white. We feel quite angry about this, as she assured us all would be fine, and that we should go house-hunting and apply once we had found something.

On the strength of this, my partner took a week off work, we viewed a long list of properties which we spent hours finding, and then made an offer on this one that we fell for. So we, and the poor folk trying to sell the property, have had our time and money royally wasted.

We have also discovered that there is another note on his file relating to one of the old creditors which will only be cleared from his record at the end of June, so we think that is the earliest we are now likely to be able to apply. Who knows? Maybe the flat we love will still be available- but sadly, I doubt it. :(

He does seem to think that the IVA will be a non-issue then, though: it just won't be visible on his record then, as sufficient time will have elapsed for it to have cleared. Probably.... gah.

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RhiRhi123 · 18/04/2012 15:51

hi I haven't read everything as I am at work.
However there is a loophole and a family friend did this So i know it can work. If you get everything in place for your mortgage ready to go. You can file an appeal against the CCJ and in this time apply for your motgage. Once you apply for appeal of a CCJ it comes off your credit file for 6 weeks so won't show up when applying for your mortgage. Obviously this isn't something I would say is Ideal and I definately wouldn't do it if I was on an IVA however given the face that it is all finished and you have the deposit and no debt etc and is some kind of error I don't think in this case it's morally wrong. Google it and see what you find I might be a bit off course I just know it can be done. However I would try and find out why it hasn't been taken off ur file etc first.

ThatGhastlyWoman · 19/04/2012 22:02

Thank you- have got my OH looking into this. Fingers crossed..!

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