Discussions on life after your bankruptcy discharge.

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Bybktwenty
#61286 Hi everyone,

I am little confused for the reason why people write to the creditors on their CRA file after BR.

I received my Equifax file and it states on the front page, 'What should I do if there is incorrect or misleading information?'. Followed by 'Ask us to investigate information you believe is incorrect using a NOTICE of DISPUTE' and/or 'Add a NOTICE of CORRECTION'.

But after a BRO is issued all default accounts that that fall under it should be marked as 'satisfied in some way' as per IC ruling. The CRAs know this. If the CRA does not do this it is holding inaccurate information and they know it.

Is it not worthwhile just filing NOTICEs of DISPUTE for all account that fall under this and let the CRA sort it out ? The CRA are responsible for maintaining accurate information (1988 data protection) - so let them sort it out.

I FOUND THIS ON EQUIFAX's WEBSITE

Notice of Dispute

If you think there is incorrect information on your credit report, contact the supplier directly or complete an online Notice of Dispute. Once we have received your Notice of Dispute, we will contact the supplier of the information on your behalf. If the supplier agrees that the information is incorrect, we will amend or delete it from your credit report. While your dispute is under investigation, it will be noted on your credit report. Equifax has up to 28 days to complete this process.

NOTE THE sentence: 'Once we have received your Notice of Dispute, we will contact the supplier of the information on your behalf.'

Your views would be greatly appreciated.

Thanks

BK
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ByTalbotWoods
#61301 Notice of Dispute

The problem comes when the CRA contacts the crediors withthe disputed information and the creditor replies telling the CRA is is correct. For example amny who have gone bankrupt have had defualts put on their CRF several months after the bankruptcy. We raise a notice of dispute with the CRA they challenge the info withthe creditor and the creditor tells them it is correct! By law the CRA has then to record incorrect info.

This is why we deal directly with the creditor and if they refuse to suply the correct info then they have broken the DPA, and we can get is changed via the information commisioner.

Notice of correction

If we rais ea notice of correction for information that is seriously incorrect i.e a defualt that is 18 months later than the bannkrutcy, this prevents automatic saerchs for a further 18 months AFTER the six year period, and effectely tell the world that there was a bankruptcy fr a further 18 months!!

Again, this is why we deal directly with the creditor and if they refuse to suply the correct info then they have broken the DPA, and we can get is changed via the information commisioner.

Tim
Bybktwenty
#61303 Hi,

Thanks for the valuable information.

Am I right in assuming that as long as all the default dates on your CRA file are BEFORE the BRO date you can file notices of disputes and they will sort it out?


And if you have default dates after the BRO then you should write to the creditors

OR

It is just better to write to each creditor and get them to sort it out (as long and tedious as this process seems from others' experiences)


BK
User avatar
ByTalbotWoods
#61309 If te default dates are before the bankuptcy date, dont even bother aws they will drop off your file before the bankruptcy does!!

It is the bankruptcy that will override anything preceeding it, and if the crediotr issued a defualt notice a month before your bankruptcy, then the default date will be correct.

However if a creditor issued a default notice after yor bankruptcy for a debt included in your bankruptcy then the date cannot be late than your bankruptcy date.

So if a debt was in your bankruptcy and a default was issued three months before then it is correct. Hoowever, if it was issued three months after then is is incorrect and the creditor must amend it to the date of your bankruptcy!

Plaese also dont think this is a once doen matter finished, I went bankrupt over a year aga and a default has just been placed by a DCA who bought the debt from the original creditor. I had dipsuted the date with the creditor six months ago and they removed the defualt in total, but the DCA is trying to be clever, and as I have used the IC to clear this one previously I dont evene have to contact the DCA, the IC will do that for me!......It will be gone in the next 2 weeks!!

Tim
Bybktwenty
#61312 HI

My BRO was 2005.

My default dates on my CRA file are all circa 2003.

Is it still worthwhile contacting the creditors to mark them as satisfied.

Cheers

BK
User avatar
ByTalbotWoods
#61313 If the debs were included in your bankruptcy, then definatly yes.

Tim
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