Discussions on life after your bankruptcy discharge.

Moderators: TalbotWoods, JaneClack

Byflyingmouse
#141309 Hi all, Jusst had the most incompetent reply to any letter sent to the CRA.

Please read the following while I complete my complain form.

Dear Mr Flyingmouse,
Thankyou for your enquiry.

In view of the document you have provided, we confirm our records have been amended to show your Bankruptcy has been discharged. The B details will remain on your credit file for 6 years from the B date.

They have not changed the details!
After you have been discharged from your B you can send proof of your discharge to all lenders included on your statement of affairs. The lenders whose debts were included in your B should then mark the entry on your credit reference file to show that you no longer owe money on that account.

A few more paragraphs of utter rubbish ...

We confirm that Equifax has recorded your B at your address along with a notice of correction confirming this B was discharged.......
[i]
I didn't ask for a NOC !!!
They still haven't put the date of B and D on the file !!
But the best bit for last.....

The account information relating to your Bankruptcy can only be amended or removed by the lender(s) concerned. After being discharged from your B you can send proof of your discharge to all the lenders included on your statement of affairs, asking them to mark the accounts(s) satisfied and end date of of the accounts to reflect the date of B. The lenders whose debts were included in your B should then mark the entry on your CRF to show you no longer owe money on that account. However, please be advised that lenders are under NO OBLIGATIONto amend or remove any information as a result of you being discharged from a B [u]

So what they're really say is "P1ss 0ff " it's not our problem and the lenders can do as they please because we don't give a $hit about the rule of law or good practice in the DPA!!

Would welcome any advice/comments.
seriously pi$$ed off.
Why is this such a problem? If Experian and Callcredit can sort this out why can't equifax?
User avatar
Byisio
#141315 It's so annoying flyingmouse. I hope you can sort this problem asap. I'm sure some good advice will come from the experts on this forum such as Tim. Please don't send them anything or call them until you calm down and speak to a few people. :yes:
Byflyingmouse
#141321 Isio,
Thanks I won't call them ever 0870 number!!
Written strongly worded letter instead, I will sit on it for 24 hours. :lol:
User avatar
ByTalbotWoods
#141428 This comes up every now and again.

Firstly you MUST reaslise that the Credit Reference Agencies are NOT repsonsible for what lender report to them, only the lenders are.

Secondly, CRA are NOT liabel for having incorrect information, they are like a library in that respect, they can ONLY give the information that they are given by the lenders. It is NOT up to them to change it on yor say so, but they are LEGALLY bound to report what they are told by the lenders.

With regards the Court Information, if you read ther FAQ's you will see that they state that an early discharge is recorded as a Notice of COrrection, the saisfied date is only for CCJ and Administraion Orders.

Thery are 100% correct in informing you that you must contact the lenders directly to get your file updates, as the information suppplied to them comes DIRECTLY from the lenders, and the lenders are SOLEY repsonsible for that information. The CRA's CANNOT cahge those entries themselves of they are in breach of the DPA.

Yes there are instances where lenders REFUSE to correct the entry and that is why we have the stickies on correctling the files, so if the lender refuses then you can go to the ICO and get it enforece, but ONLY the lender can change this info, NOT the CRA's.

ANd belive me if you think it is any better with CallCrdit or Experian IF YOU DO NOT DO IT VIA THE LENDERS then in 3 months time you fikes will be back at square one, when the lender continue rto report the incorrect information.

ANd before you fly off the handle, even the ICO states that you can ONLY do this by going direct to the lenders, if you do not and complain they will write back to you telling you that YOU MUST DO THIS THROUGH THE LENDERS.

There is NO shortcut to sorting out the CRF's, and all the stickies on this have been produced AFTER consultation with the ICO, so that by following them you ensure that all actions are completed correctly and when (and if) ther is a need to involce the ICO then you will win EVERYTIME!!

Tim
Byflyingmouse
#141448 Tim,
Thanks for your input.

I have written to all my creditors and CRA's. Most have been cooperative and have corrected the information.
The problem with Equifax is that they've added a NOC but not put the date of Discharge on their own files (I am not an early discharge either so did the full course). It states under the court info part that the bankruptcy is still on going and hasn't been satisfied. They have not even put the court on or the date! It just says Bankrupt! I sent a letter from the Insolvency Service. This sufficed for Welcome Finance, RBS, Tesco, Experian and Callcredit.

LLoydTSB - haven't corrected any info or responded to my letters (but that's another story)

The response from Experian is completely different. They stated that they have contacted the lenders and await their response. They state also that they are legally obliged to do this. Why is Equifax different?
The stickies also state that the CRA are required to contact the lenders too.

I have calmed down some what and have spoken to the IC and they say that I should make a official complaint. They said they (CRA) are responsible for the Court info being correct but not what the lenders put on. My court info is not correct.

Anyway, I'll write to Equifax and ask them to change it.
Thanks for all your help, very much appreciated.

flyingmouse
User avatar
Bybernieflint
#141462 I've noticed on my Equifax file as well that my discharge has been noted as a noc and not as settled in the court information section.Will this stay like this or will they mark it as settled eventually? Can I ask them to mark the court section as satisfied?
User avatar
ByTalbotWoods
#141513 I Repeat:

With regards the Court Information, if you read ther FAQ's you will see that they state that an early discharge is recorded as a Notice of Correction, the saisfied date is only for CCJ and Administraion Orders.

Tim
User avatar
Bybernieflint
#141528 Cheers Tim,
Well that appears my Equifax file is cleared up now,all I need now is to get an online report from them to make sure that everything is o.k on there as well.My Experian report should be through any day now and if everything is o.k on there that'll mean my credit files are clean.

One year and one day on since I did the deed and things are starting to look o.k :)
User avatar
ByCheesecake
#141677
BERNIEFLINT wrote:I've noticed on my Equifax file as well that my discharge has been noted as a noc and not as settled in the court information section.Will this stay like this or will they mark it as settled eventually? Can I ask them to mark the court section as satisfied?


I've already enquired this with Equifax, and this was their reply:

Thank you for your recent correspondence.

Please be advised that discharge information for Bankruptcies is loaded as a Notice of Correction- this is the way the system is set up and also this is where Lenders look for such information. The “Date Satisfied” field in the Court section is only used to show satisfied dates for County Court Judgments and Court Decrees.
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