This section holds useful information regarding debt questions and bankruptcy questions.

Moderators: TalbotWoods, JaneClack

By Mel_Odious
#69156 As soon as you are discharged from bankruptcy it is wise to make sure that your Credit Reference Files are showing the correct data. This will not be easy and needs perseverence to see it through. First step is to get copies of all three CRFs from the CRAs, which are:

Experian Ltd
Consumer Help Service
PO Box 8000
Nottingham
NG80 7WF
Tel No 0870 241 6212
http://www.experian.co.uk
(You can order your credit file on the internet or by telephone).

Equifax Plc
Credit File Advice Centre
PO Box 1140
Bradford
BD1 5US
Tel No 0870 010 0583
http://www.equifax.co.uk
(you can order your credit file on the internet)

Callcredit plc
Consumer Services Team
P O Box 491
Leeds
LS1 5XX
Tel No 0870 060 1414
http://www.callcredit.plc.uk

You should send the request for your file, enclosing £2.00 and your address(es) for the last six years.

Once you have your files, you may find that your discharge from bankruptcy is not showing. The first thing then, is to inform the CRA that you were discharged from bankruptcy on such and such date and you will need to send proof of your discharge. This can be by obtaining a copy of your discharge from the Court which will cost £60 unless you are on benefits then the charge can be waived by filling in a P160 Form. You will need to make several copies of this Certificate of Discharge. Another way you might try, is to ask your OR for a letter confirming your discharge. A third way is, if your entry is still showing on the Insolvency Register with the discharge date, then you could print off copies to send to the CRAs.
That is phase one and the easy part.

On looking through your file, you will or should see, defaults against your former debts. These defaults should be no later than the date of your Bankruptcy Order. This is important! Your BO will fall off automatically on the 6th anniversary. Where there are defaults registered after the date of your BO, they will stay on later than your BO, which of course is wrong. You will then need to ask the lenders to update their data. Not only that but they must also mark their entries as either "Settled" or "Satisfied".

Some lenders may prove to be belligerent about this but they are wrong. The correct procedure to lenders is laid down by the Information Commissiioner who oversees the Data Protection Act which states that all records held by Agencies must be truthful. There follows the ICs ruling on former debts in bankruptcy. This could also be copied and sent along with your request to have your files corrected by the lenders:

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 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
‘Your Information Rights’ and then click on ‘Credit Explained’.

The Enterprise Act 2002

The Enterprise Act 2002 has reduced the length of time for an automatic
discharge. However these changes do not alter the length of time your
bankruptcy is on your credit reference file. The record of your bankruptcy will remain on your credit reference file for 6 years from the date of your bankruptcy.
You will need to write to the credit reference agencies and give:
• your full name,
• your current address,
• any other addresses you have lived at in the past six years
• a cheque or postal order for £2.00 made payable to Equifax Plc, Experian Ltd or CallCredit Plc.
Unless the credit reference agency needs more information from you, it has 7 working days from receipt of your request for your file to supply your credit reference file.

Credit Explained’ leaflet
More information about the credit industry, credit reference files and credit
reference agencies can be found in our ‘Credit Explained’ booklet. The ‘Credit Explained’ booklet can be obtained free of charge:
• from our website at http://www.informationcommissioner.gov.uk by clicking on
‘Data Protection’ then on ‘Your Information Rights’ and finally by clicking
on ‘Credit Explained’, or
• from our Publications Line on 08453 091 091, or
• on request to the Information Commissioner’s address.


If there is wrong data on your CRF, you should inform the CRA. They will probably tell you that it is your responsibility to contact the former creditor. You should do that anyway but it is also the responsibility of the CRA to make sure the data they hold is accurate. You could demand that the CRA asks the former lender to update their data and if the lender does not respond in 28 days then the CRA should remove the erroneous data.
Last edited by Mel_Odious on Thu Jun 29, 2006 7:00 am, edited 1 time in total.
User avatar
By Dave
#69204 Excellent sticky Mel, well done mate.
By Mel_Odious
#69213
Dave wrote:Excellent sticky Mel, well done mate.

Cheers Dave.
I wish it was as easy to get CRFs sorted.
The CRAs and the Lenders know what is right yet won't co-operate with requests to have files put right. We have to go as far as getting the IC involved before they will act. More criminality the CC companies and banks get away with. It's wicked and evil.

Mel
By kevker
#69412 Good sticky Mel, wish you had done it about a month ago, as then all the information I needed would be in one place. Started on my long road to getting it sorted.
User avatar
By steveo
#72996 thanks mel, i'm in the 'after' club now too!!

any more detail on apply for the dscharge cert or do you just walk in the court with £60?
By Mel_Odious
#72998
steveo wrote:thanks mel, i'm in the 'after' club now too!!

any more detail on apply for the dscharge cert or do you just walk in the court with £60?


Congrats Steve.
I didn't bother myself but I guess you may have to write in for it as it may need a Judge's siggie. Give them a bell and ask.

Mel
By kevker
#73168 As Mel said, give the court who dealt with your BR a call, they will give you all the details. There's a charge of £60 and took about 3 days for mine.
User avatar
By geordie
#73259 if you are in receipt of certain benefits the discharge certificate comes free geordie
By gerry
#82217 Many Thanks

For this sticky file Mel - Just about to start the very long road to cleaning up my hubbys & mines CRF.

Have just recievied copies from Experian & Equifax looks as though these all need lots of amending.

Will keep you posted how we get on.

Thanks again for all the help & support

Take Care

Gerry
By Mel_Odious
#82224 It is a nightmare. One year four months after discharge, I am still having problems with Experian. Morgan Stanley insist on still entering monthly updates, so consequently I have a list of 3's as long as...well very long.

Sainsbury's Bank also have marked the account "partially settled" when imho it should be fully settled after bankruptcy.

The arguments continue.


Mel
By gerry
#82361 Hi Mel

As I said in last post have obtained my CRF one thing I have noticed and was hoping you could advise. Experian very helpfully supply the contact details of the creditors where as Equifax do not.

As most of the debts were really old I havent got a clue of the addresses contact details would Equifax be able to provide me with these details?

Would I need to call them or does it all have to be done in writing.

Any advise would help.

Gerry
By Mel_Odious
#82374
gerry wrote:Hi Mel

As I said in last post have obtained my CRF one thing I have noticed and was hoping you could advise. Experian very helpfully supply the contact details of the creditors where as Equifax do not.

As most of the debts were really old I havent got a clue of the addresses contact details would Equifax be able to provide me with these details?

Would I need to call them or does it all have to be done in writing.

Any advise would help.

Gerry


Problem with phoning may be call centre staff not having the info to hand. You might try emailing them.

Mel
By gerry
#82401 Many Thanks Mel

I will do my best - have to watch what I do though as the hotmail account I use is from work.

Why on earth do they not have this info avaiable when you request your CRF? I thought the experian set up looked better.

I will have a go and see what happens.

Thanks again for your help

Rgds

Gerry
By zAndy1
#85698 On the subject of addresses to send letters to , the address for Goldfish is listed on my experian credit report as starting with 'SENIOR MANAGER NEW ACCOUNTS', it just doesn't seem right to me to be writing to the 'senior manager new accounts' about a problem with my credit file entry! Can anyone confirm that is the correct address to send correspondence to for Goldfish?

Thanks
Andy
BySonic
#85714 Hi Andy

A similar thing with mine - the addresses on the CRFs seemed to be more for new applications etc. I got the address by phoning the (former) creditors concerned (on any of their random numbers), and just politely but firmly insisted that they give me the correct postal address for their data protection department.

S xxx