Discussions on life after your bankruptcy discharge.

Moderators: TalbotWoods, JaneClack

By hewlitt
#316293 Hi everyone.
I am in the last few months of bankrupcy(march 2013) I notice on my file that there are a/c`s marked as default,although theese were included in the B/ruptcy itself,will they fall off my file in march? Do i have to chase the bully boy banks to rectify this. I hope there is someone out here who has the same probs and answers as i need.

Cheers in anticipation,

askboy
User avatar
By TalbotWoods
#316333 Hi Hewlitt

It is very normal for defaults to be set by creditors when you go bankrupt, as all credit agreements, loans, etc., will legally default the moment you enter into bankruptcy.

However, the date should be no later than your bankruptcy date.

With regards chasing "the bully boy banks", yes you will have to once the bankruptcy is ended, as you will need to ensure that they mark your accounts as settled or partially settled. YOU have to so this as they are not notified and will not be notified when you are discharged, though for many it is automatic, there are instances when a bankrupt discharge is suspended (the person stays bankrupt).

If you dont ensure that the accounts are marked correctly once discharged then the recoded can affect your credit for many many years (the longest I know of so far is in excess of 11 years), if you dont do it they can sell your debt on to DCAs, and in exceptional cases they can further apply for CCJs in the future (and yes it has happened)

Suggest you have a read of the following sticky and it links

viewtopic.php?f=24&t=18857

Tim
By angieuk
#319993 Hello

I understood that once you were declared bankrupt they could not come after you again. Are you saying that CCJ's can still be issued against you?

I was declared bankrupt in Nov 08 and discharged in May 09. I have never sought to clear my credit rating as I have no intention of ever getting credit again. I do not have an overdraft facility, nor want one. Once my jobseekers has gone I live on soups. Family members are not able to assist.

Many thanks.
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By TalbotWoods
#320003 Hi and welcome

Normally a past creditor/DCA will not go for a CCJ, and if they do and you receive the paperwork, then you have a full and immediate defence to prevent it happening.

When a Credit Files isn't sorted, old debts can be sold on to the less scrupulous DCA who may beleive they have bough a live debt, this is because the previous creditor hasn't closed the account down and marked it as settled/partially settled.

All they are told and all they can see is that the debt is live, now most would contact you chasing first, which is when you can send them off with a flee in the ear, but if you have moved ect, some may go for a 'last known address' CCJ - remember at this stage they still beleive the debt is live.

eventually they may catch up with you and tell you the CCJ is in place, then YOU have the nause of sorting it out, as the CCJ was issued in good faith, you will have to pay to have the CCJ set aside.

This is why we highly recommend sorting out your CRFs post bankruptcy, just to avoid this.

But remember in all incidence, being chased, demands for payments even CCJ you have the ultimate stopper the bankruptcy, that trumps ALL, just means you might have to get a tad grotty with them first!