The home I owned with an ex-partner was sold recently and I received a payment of the surplus proceeds of the sale along with my partner. The problem is that I now have a satisfied repossession order on my credit file. I only found out that my ex and his new wife had left the house when I drove by and saw a for sale sign outside. I contacted the Building Society (Yorkshire)who asked for my address so that they could send details of the sale. Prior to this I informed them that I had not lived there for 8 years and they didnt seem too bothered about my present address detailsor inform me that there were arrears. Can I have this repossession order removed on the basis that I did not receive any court papers or even know it was in arrears for that matter. If I had I would have immeadiately taken action to get him out, sell or rent it to ensure that this didn't happen. I now have this mark on my credit file. I found out that my ex has bought a house about two miles away and the credit ref agencies and Council of Mortgage Lenders dont know he is the same person who lived at the repossessed address as he re-started his credit by going on the electorial role at another address and built up new credit there, so in effect he has bought this home as a first time buyer. Should I inform them? I also have his debts and his wife's debt which are many, showing up on my credit file of which I have asked for disassociation from the agencies and I am awaiting their reply.

-- (sophia@devereaux.org.uk), July 13, 2001

Answers

You can Most definitley ask a Judge to set aside any CCJs if you were not issued with court papers, and as such I would guess that this would be the case for the Possession order. However I think the best source of info on this may be your local county court. Ive found them to be really helpfull. If you explain the circumstances, they will usually tell you what u need to do. If for Some Reason it is not possible to have it removed, then U can ask the credit refere3nce agencies to put a note against that record explaining that you hadnt lived there for 8 years abd your ex was living there with his new spouse etc and u wee unaware of the debt accrued. Regards

Dave

-- Dave McLaughlin (dave@macker15.f9.co.uk), July 18, 2001.