Discussions on life after your bankruptcy discharge.

Moderators: TalbotWoods, JaneClack

BySonic
#41356 Hi Sammie

I really feel for you mate. Wot a pain!

I have to admit I've been really lazy, I haven't got round to tackling my CRFs yet.

I was wondering - have you writen to the Data Officer (I think they're called) at each bank/cc co. concerned? This is what I'm thinking of doing (when I finally get round to it) - going to the organ grinders instead of the monkeys, as it were. There's some good stuff on here somewhere quoting the laws about the default dates you could put in the letter.

S xxx
By Mel_Odious
#41383 It really is a nightmare, I've been trying since last April to get my CRFs to tell the truth. They are actually breaking the Data Protection Law by not having the correct data on their files.

Don't be put off by the scoundrels, Equifax and Experian. They have a duty to make sure that the data held on their files concerning you are correct. I am now in correspondence from someone in the so-called Directors Office at Equifax to try and get BarclayCard to show my debt as settled.
Tell the CRAs that you know that it is they that must get the data corrected by the lenders and you also know that the lenders have 28 days to respond and if not, you also know that they must remove the wrong information from your CRF.

Send them a copy of the Information Commissioner's ruling on this. If you want to take it up with the lenders yourself then do as Sonic says and write to their Data Protection Officer and not the Collections Department.
Mel:

The IC's ruling:
V 1.1 – 15/03/05
Information Commissioner, Wycliffe House, Wilmslow, Cheshire, SK9 5AF
http://www.informationcommissioner.gov.uk
Frequently Asked Questions - Bankruptcy
Here are some of the frequently asked questions (FAQs) that
a) people who are bankrupt;
b) people have been discharged from bankruptcy; or
c) people whose bankruptcy has been annulled;
ask the Information Commissioner about the information on their credit reference
files.
a) People who are currently bankrupt ask:
1. On my credit reference file there is a default for an account which
was included in my bankruptcy. Is this right?
Yes. If an account has been included in your bankruptcy, the lender
should have marked the account in default. The default will stay on your
credit reference file for 6 years from the date of the default.
After you have been discharged from your bankruptcy you can send proof
of your discharge to all the lenders included on your Statement of Affairs.
The lenders whose debts were included in your bankruptcy should then
mark the entry on your credit reference file to show that you no longer owe
money on that account (perhaps by marking the entry as ‘satisfied’ or
‘settled’ or in some other way). However, the default will not be removed
from your credit reference file until 6 years from the date of default.
If you wish, you can ask the credit reference agency to add a statement
called a ‘Notice of Correction’ to the default entry. In your statement, you
may like to say that the entry was included in your bankruptcy. More
information about ‘Notices of Correction’ can be found in our ‘Credit
Explained’ publication which can be found on our website,
http://www.informationcommissioner.gov.uk under ‘Data Protection’ then click on
‘Your Information Rights’ and then click on ‘Credit Explained’.
V 1.1 – 15/03/05
Information Commissioner, Wycliffe House, Wilmslow, Cheshire, SK9 5AF
http://www.informationcommissioner.gov.uk
2. I’ve noticed that an account that was included in my bankruptcy is
marked in default later than my bankruptcy. Can I do anything to
change it?
Sometimes a lender will not know the exact date you were made bankrupt.
This may mean that when the lender registers a default with the credit
reference agencies, the date on the default is later than the date on your
Bankruptcy Order.
If a particular debt is included in the Statement of Affairs at the time of the
bankruptcy, you can ask the lender to change the date of the default to the
date on your Bankruptcy Order. To do this, you should write to the lender
and ask them to change the default date to the date of the Bankruptcy
Order. Remember to send the lender a copy of your Bankruptcy
Order or other documentation which confirms the date you were
declared bankrupt.
If the lender refuses to change the date of the default then you can write to
us at: Information Commissioner, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF. You will need to send us a copy of the Bankruptcy
Order/ documentation that confirms the date you were made bankrupt,
proof that the debt in question was included in your bankruptcy and a copy
of the lender’s letter which says it won’t change the date of the default.
b) People who have been discharged from bankruptcy ask:
1. Why doesn’t my credit reference file show that my bankruptcy has
been discharged?
The credit reference agencies will not know when your bankruptcy was
discharged unless you paid the Official Receiver to publicly advertise your
discharge from bankruptcy.
If you didn’t ask the Official Receiver to advertise your discharge and you
want it to be recorded on your credit reference file, you will need to send
confirmation of your discharge (e.g. documentation from the Court or
Official Receiver) to each of the credit reference agencies and ask them to
update your credit reference file. You can find details on how to obtain
your credit reference file at the end of this document.
The bankruptcy entry will remain on your credit reference file for 6 years
from the date of the Bankruptcy Order even if you have been discharged
and have told the credit reference agencies. The lenders whose debts
were included in your bankruptcy should then mark the entry on your credit
reference file to show that you no longer owe money on that account
(perhaps by marking the entry as ‘satisfied’ or ‘settled’ or in some other
way). However, after 6 years, the credit reference agencies will
V 1.1 – 15/03/05
Information Commissioner, Wycliffe House, Wilmslow, Cheshire, SK9 5AF
http://www.informationcommissioner.gov.uk
automatically remove the bankruptcy entry from your credit reference file.
2. My credit reference file shows that my bankruptcy has been
discharged. But shouldn’t the credit reference agency have removed
the record of my bankruptcy?
Even if you have been discharged from bankruptcy, the record of your
bankruptcy will stay on your credit reference file for 6 years from the date
of the Bankruptcy Order.
3. What happens to the defaulted accounts on my credit reference file?
When you have been discharged from bankruptcy you can ask the lenders
to mark any accounts included in your bankruptcy as ‘satisfied’ or ‘settled’
or to indicate in another way that you have fulfilled your obligations to that
lender.
You will need to write to all the lenders who were included in your
Statement of Affairs and provide those lenders with proof of your
discharge from bankruptcy before the lender will be able to change the
information it files on your credit reference file record.
Once the lender has changed the information on the entry, if you make
any new credit applications the prospective lender will be able to see that
you do not owe any more money on that account.
Finally, if you wish, you can ask the credit reference agency to add a
statement called a ‘Notice of Correction’ to the default entry. In your
statement, you may like to say that the entry was included in your
bankruptcy. More information about ‘Notices of Correction’ is in our ‘Credit
Explained’ booklet which is on our website at
http://www.informationcommissioner.gov.uk under ‘Data Protection’ then click on
User avatar
By sammie
#41397 I have Mel, i even highlighted the section, and still all this crap! Just trying to tidy up these files for later on in the year.( In case our landlord dosent renew the lease and we have to find somewhere else. Once they do a credit check they will turn us down!)
Trying to get it sorted beforebaby arrives and i forget about my credit files,lol!
sammie x :D
By Mel_Odious
#41405 Hi Sam,
in that case then it isn't going to make much difference because the bankruptcy will still be on your CRF for the next six years. With a wee'un surely you must be priority on the Council's Housing Register, no?

Mel
User avatar
By sammie
#41412 Nope, had em round last mont...awarded us nil points...cos they said we have a lease till sept, so are not in need( even thou we cant afford the rent!)
He told us to carry on getting a lil bit of help with h.benefit! We were told if landlord dosent renew, to come back to them. And we'd all be put in a b&b till they could find us somewhere!! :cry:

One word about the default date, will that stay the same?What i mean is does it change each time the files get updated? Only asking as one is dated one month after bro(which isnt a prob).. but the other two are dated a lot longer
sammie x
By Mel_Odious
#41415
sammie wrote:Nope, had em round last mont...awarded us nil points...cos they said we have a lease till sept, so are not in need( even thou we cant afford the rent!)
He told us to carry on getting a lil bit of help with h.benefit! We were told if landlord dosent renew, to come back to them. And we'd all be put in a b&b till they could find us somewhere!! :cry:

One word about the default date, will that stay the same?What i mean is does it change each time the files get updated? Only asking as one is dated one month after bro(which isnt a prob).. but the other two are dated a lot longer
sammie x


Just after we got married and moved back to London, we initially had to stay in B&B, it was a nightmare. We had to share a single bed with a spring sticking up. It was in a red light district. the curtains were mouldy and breakfast was one slice of streaky bacon and two spoons of beans and that was the same every morning. We went away one weekend and got back to our room being ransacked. It was a nightmare. I am sure yours will not be as bad but not nice to have to even think about. You just have to keep on and pester them. I went from Nil Points to priority in about 3 months. I am now in a supported studio flat, which suits me fine for the present.

Mel