Discussions on life after your bankruptcy discharge.

Moderators: TalbotWoods, JaneClack

By seashell
#472556 Hello! Well it feels good to move from the 'during' to the 'after' section on here and this past year has gone quickly! So now I'm trying to follow the advice on here and get my credit files accurate. In 6 years time I'm hoping to be able to get a small mortgage so I need to get everything right. Experian all looks accurate but equifax doesn't. It doesn't have me on the electoral register even though I have always been
On it. Also 4 of my debts are not updated, 2 of them have dates of default later than my bankruptcy date. Am I correct that in the 1st instance I should write to those companies and ask them to correct the date and inform equifax? The other 2 were joint mortgage debts and are just marked as 'repossessed'. I have no idea what arrangements my x husband made so I'm not sure what will happen with those or if there is anything I can do? Sorry I did try to follow the links with advice on here but I'm getting mixed up. Many thanks as always for any help
By sally1
#472564 Hi stardust,
Its great that you now have a new start :). You are absolutely right in that it is a good idea to write to the creditor(s) and ask them to update their entries, but you can also send a notice of correction in click on this link for more information. https://www.econsumer.equifax.co.uk/con ... ection.pdf
Re your mortgage debts, if you co owned the house and were a joint mortgagee with your husband, you are jointly and severally liable for the mortgage so if he was repossessed it will show up on your credit reference as well. You may want to find out if there is a shortfall debt as this should be proven in your bankruptcy.
Good Luck
By seashell
#472591 Hi there
I've made some headway updating my credit files by dealing with equifax directly but I think it will be quicker to contact the companies that haven't updated my files directly with my discharge confirmation so that all the credit agencies are informed. I'm looking to use the template posted on your site but saw it was added in 2007 so just wanted to check it was still correct? Also the template says to attach relevant information from the Information commissioner but I'm not sure what that is? Do you have a link to something I should print and include? Just so others know, I have found equifax to be very helpful during this process.
Many thanks, as always, for your help!
By sally1
#472592 Hi there Seashell,
Congrats on being discharged. I suggest your write to the creditors as follows:
Dear Sirs
Re: Account Number xxxxxxxxxxx
I am writing directly to you to request that you formally update my credit files in accordance with the requirements of the Data Protection Act 1998.
I was declared bankrupt on [Insert date of your bankruptcy] and was subsequently discharged on [insert date of discharge]. [insert name of the creditor you are writing to] was included within the Bankruptcy. For your convenience I have attached both my bankruptcy Order and Discharge Notification.
Currently the information that you have recorded against my name with the Credit Reference Agencies is factually incorrect, and under the Data Protection Act, you are required to ensure that any information you have provided about me to a third party is accurate and up to date.
I request that you amend the credit reference as follows:
    If you intend to default the account, the default entry must be dated [insert the date of your bankruptcy].
      That you mark the account in some way as to indicate that it is settled or satisfied.
        If you have sold the debt on, according to the Information Commissioner, you are still liable to ensure that both you and the new holder are aware of the change and as the originator of the information it is your responsibility to ensure that it is corrected.
        The Information Commissioner has indicated that I should allow you 28 calendar days from the date you receive this letter to comply. During this time you are requested either to update the Credit Reference Files correctly (of all three Credit Reference Agencies) or notify me in writing with the reasons of your refusal to do so.
        After the 28 days have elapsed the Information Commissioner has requested that I inform them if your company fails to update the records so that they may take any necessary enforcement action against your company.
        Yours faithfully

        Don't forget to enclose a copy of your bankruptcy Order and Discharge Notification.
        Hope this helps and good luck