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Hi everyone and I hope someone can help me with my query which I shall post below

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  • Hi everyone and I hope someone can help me with my query which I shall post below

    I have a query that I have been unable to find the answer to and despite contacting various parties, I am still no further forward. It was suggested that I contact the forum. My query is can a default be register for the same debt twice? By way of history, I fell into arrears with my mortgage due to illness of my parents and my inability to work in 2007 and a default was registered and thereafter Judgment. The Claimant had applied for a Possession Order which was suspended on the proviso that monies were paid once I returned to work. As such, both the default and Judgment were removed 6 years later. I had an interest only mortgage and negative equity and so after I became ill due to the years of stress trying to pay the mortgage, I decided to hand the keys back and cut my losses. I handed the keys back in 2017 and the property was sold in 2018. I have had no financial problems since this time and applied for car finance in 2020 as I needed the car to do my job. The finance agreement was refused because I had a very large default registered against me for the shortfall on the mortgage. On review of my credit file, I discovered that the lender had registered a second default in 2017 for the full amount of the debt and amended this to show the shortfall in 2018 once the property was sold. I was under the impression that you do not get '2 bites of the cherry' and that you cannot enter default nor Judgment for the same debt more than once without the agreement of the Court which they have not done. I have asked them to remove the default and they have refused so unless I can get car finance, I will lose my job. Should mention that I am currently looking at the legalities of the mortgage itself as the valuation I have now learned at the time of the lending was hugely inflated and at no time were any affordability checks carried out nor ensuring that there was a product to pay off the principal at the end of the mortgage. My basic question is can the lender register a second default 3 - 4 years after the first has expired for what would be construed as the same course of action.
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