Discussions on life after your bankruptcy discharge.

Moderators: TalbotWoods, JaneClack

By mariner999
#30076 Some of you may have seen my previous posts regarding my CRAs following my IVA.

Basically, a number of lenders entered the default dates many months after my IVA commenced, therefore my CRA files still showed my defaulted accounts despite the fact that my IVA was completed well over a year ago. I know this is a problem many of you face.

I wrote to experian and equifax who were not helpful at all but, after some well chosen words from me(!) they agreed to chase the lenders. Two lenders refused to budge, stating that the information was correct.

I was ready to chuck in the towel at that stage but, as a last resort, wrote a threatening letter to the lenders. I enclosed a copy of the Data Protection Registrar's Guidance to lenders re: CRA files, threatened them with the Information Commissioner and told them I was applying for a job which would necessitate a CRA check. I also told them that if I was unsuccessful in that application because of their false information I would put the matter in the hands of my solicitor with a view to legal action to claim compensation.

Within 5 days (including a weekend!) I got a grovelling response from both offering sincere apologies and stating they had amended the files.

Just thought I would share this with you....there is light at the end of the tunnel!!!
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By litepurple
#30093 That is good news. Perhaps the lenders are starting to realise that it's not in their best interests to act illegally :lol:

My experience, about six months ago, including sending the IC's guidance, was that some of them refused to budge. The data protection officers in the banks tend to be more helpful than the credit reference officers; perhaps because they understand the legal force of failing to comply with the data protection act.

I still have Cahoot to sort out plus a few minor niggles and that's it, my files will be tidy after eight months' work!
By mariner999
#30116 Well....good luck to you. I've found your (and others) posts really helpful.

If anything, I think it was the threat of legal action that swung it.
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By litepurple
#30121 Threatening legal action is possibly a weapon I would use.

Wouldn't be nice if a factual TV programme did a story on the effects of Bankruptcy, before, during and after. The after part concentrating on the banks' refusal, in the main, to comply with the DPA therefore making a difficult process even harder. Imagine how many people who do not have specialist advice, nor access to a forum such as this one, who will find themselves having problems much later than they should, all because their credit files are inaccurate. A TV programme would highlight the difficulties faced and hopefully shame the banks into compliance. The ICO seems to be so over-loaded at the moment that they are only concentrating on enforcement in individual cases.