Help with RBOS defaults

[Joanna59]

Hi I was wondering if anyone can advice with this. Not sure where to start really.. Recently married (2013)and have a problem getting a re- mortgage

My husband took out a bank loan £20.000 in 2008 for his wife at that time, the bank would only loan if his name was on it too.
She promised that she would faithfully pay it back when they split up a few months later. She paid 1 month then didnt pay anything else.( Long story short)
The bank (RBOS) took them to court and he explained the loan was for his wife and the judge basically told him your liable as you signed for the loan and suggested he go away and get legal representation. he did this and went back. The judge then spit it and slapped a decree on them both ordering them both to pay a monthly amount . My husband has faithfully paid this since 2008 we have all the statements proving this,

He applied for a re mortgage recently for this house, he was subsequently turned down because of 2 defaults in 2011 by the RBOS and couldn't understand why? as his bank accounts for them closed in 2008! Therefore decided to check his credit report, they had defaulted him in june 2011 he disputed the dates and defaults as original one was 2008 but as far as the bank was concerned it was correct if he wasn't happy then call them. he decided to do just that!

It turns out his Ex-wife had been paying her share every month up until she went into a Scottish trust deed in 2011 and has not paid anything at all to this after that. . (thats when the defaults went on to his CF!! and subsquently all the monies he has been paying monthly to the banks representive company they had been putting this to her seperate account!!

RBOS took ages to sort it out. but have said it's sorted now. All the monies have been transfered back into his account! they were very apologetic and said the defaults would be taken off! that was around 6 weeks ago. to date they haven't done this! 3 times he has phoned them now and 2 weeks ago put a formail complaint in through them! they said they would write back or phoneback and as yet nothing!! My husband so fed up with it all now and it's causing a great deal of stress as we both want to move on.. is there anything he can do?? any help appreciated

[oscar]

Re: Help with RBOS defaults

Didn't want to read and run.

No sure why the bank would agree to remove the defaults as they are, essentially correct going by the information in your post.

Although your husband and ex-wife had split, the link between them would still exist because of the joint accounts / loan - if any joint accounts were included in the deed, then these will also apply to both.

If the payments stopped in 2008, then realistically the default should be there no more than 6 months later.

If you are sure of the default dates and what they should be, you need to raise a complaint also with the Credit Reference Agencies as well. However, if the ex wife had been paying the full amount until 2011 and then stopped, it would appear the date would be correct

[Joanna59]

Re: Help with RBOS defaults

the original default for the joint loan was 2008.. he has paid ever since the judge split it into 2 separate decrees. the account was closed..
he has never missed a payment but his credit file is showing as payments stopped 2011. sorry I don't understand why his file should show no payments when it was separated by the judge, is there not someone he can write to?

[oscar]

Re: Help with RBOS defaults

the original default for the joint loan was 2008.. he has paid ever since the judge split it into 2 separate decrees. the account was closed..
he has never missed a payment but his credit file is showing as payments stopped 2011. sorry I don't understand why his file should show no payments when it was separated by the judge, is there not someone he can write to?

If the original default was 2008 and you have prof of this, that needs to be sent to the Credit Reference Agencies with a letter stating that the information contained n your husbands file is incorrect.

Although your husband has been making payments, the actual full payment has not been received by the bank. As the loan was a joint one, both people are equally responsible as far as the bank is concerned.

As far as I am aware, the court order would make little difference to this.

[MrsD]

Re: Help with RBOS defaults

so if it is showning that the payments to you husband's account stopped in 2011, did they not contact him?

looks like it's been a total mess. There should be a default on there for 2008 not 2011. I'm guessing they've defaulted everything when his ex wife has gone into a trust deed? You need to have a good look at his credit file and check what exactly the defaults were for. If they are for the original loan that was split, then you need to complain, loud and long. If they are for something else, there could be a possibility that his name has been on something else which his ex wife has been paying until 2011. You need to have all the correct information before complaining. If she has been putting his name on stuff, there could be fraud involved.

[nightwatch]

Re: Help with RBOS defaults

Thanks oscar + Mrs D beat me to an answer but just so we know-
Do not phone the bank, what is said on the phone can be denied, or made out to be a "mistake",
all communication should be kept in writing so you have a paper trail to fall back on as proof of what is agreed,
do you have it in writing that the defaults will be removed ( it can take up to 4 months to update depending on when they update with the CRAs)

Now do you have a copy of a credit file from 2008 onward, showing this as the original default date, if so contact the Credit reference agency's with a copy of the original default,and a copy of the letter confirming the defaults will be removed, state quite clearly that they are reporting false data and that you want it removing NOW,

as for the complaint;

Did you put the Formal complaint in in writing?
did you head the letter as A Formal Complaint?
sorry for all the questions but it helps us get an idea of where to go next
NW x

[Joanna59]

Re: Help with RBOS defaults

thank you all for you replies. it is a bit of a mess Mrs D at the time the RBOS closed everything relating to them .. they were ordered to pay 2 separate decrees by the court,,
a company has been appointed to oversee this.. he has faithfully paid ever since,,

the bank said to my husband it was their mistake to default his credit file again in2011 and that it would come off.. maybe they've just not updated yet

he doesn't have the original default notice nightwatch..

[MrsD]

Re: Help with RBOS defaults

did they have any other debts at that time? I'm just trying to make sure this is not a wee rogue account that has been forgotten about.

Have you been phoning RBS? Have you got the undertaking to remove the defaults in writing?

[Joanna59]

Re: Help with RBOS defaults

was mostly with the royal bank MrsD. Apart from two mortgages which in itself has been another nightmare he can't get her name taken off of them (joint mortgage with NR and HBOS)
He has phoned the bank 3 times now. next step is to write but not sure to whom..
if we can sort this out hopefully he can re-mortgage the one we are living in with any luck

[cymruambyth]

Re: Help with RBOS defaults

Only communicate by writing so that you have a paper trail and evidence. You can always write to the CEO . This has been known to prompt a response.

[Joanna59]

Re: Help with RBOS defaults

thank you where would I find the address for them Cymruambyth?

[MrsD]

Re: Help with RBOS defaults

Ross.McEwan@rbs.com but you need to have all your facts first.

[oscar]

Re: Help with RBOS defaults

was mostly with the royal bank MrsD. Apart from two mortgages which in itself has been another nightmare he can't get her name taken off of them (joint mortgage with NR and HBOS)
He has phoned the bank 3 times now. next step is to write but not sure to whom..
if we can sort this out hopefully he can re-mortgage the one we are living in with any luck

Was there a financial settlement from your husband as part of his previous divorce?

If so, and he now owns the properties outright, it should be simple enough to have her removed from the mortgages.

[Joanna59]

Re: Help with RBOS defaults

Thanks Mrs D will get my Husband to Email them..

Oscar there was no financial settlement on divorce.. there are 2 properties as I mentioned earlier .they are in both of their names still. and both mortgages were changed to interest only after they split.. he was still paying them both.. now she pays for the one she lives in although she has missed payment a few times.. it's a bit of a mess. the sale of the two properties would be ideal so we can move on but in this climate it's difficult