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

Moderators: TalbotWoods, JaneClack

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ByTalbotWoods
#81497 Heres the working letter:

Your Address
Goes Here


Data Control Officer
This Creditor
Data Controller Address


Dear Sirs

Re: Account Number xxxxxxxxxxx

After consultation with both the Information Commissioner and the Credit Reference Agencies, I am writing directly to you to request that you formally update my credit files in accordance with the Data Protection Act.

I was declared bankrupt on <Date of your bankruptcy>and subsequently discharged on <Date of Discharge>, and <name of creditor> was included within the Bankruptcy. For your convenience I have attached both my bankruptcy Order and Discharge Notification.

Currently the information that you have recorded against my name with the Credit Reference Agencies is factually incorrect, and despite several written requests to your customer services , as yet your company has failed to correct the entries as required.

• It is requested that if you intend to default the account, the default entry must be <Date if your bankruptcy>, in accordance with the Data Protection Act.

• It is requested that you mark the account in some way as to indicate that it is settled or satisfied, in accordance with the Data Protection Act.

• If you have sold the debt on, according to the Information Commissioner, you are still liable to ensure that both you and the new holder are aware and that as the originator of the information it is your responsibility to ensure that it is corrected.

The Information Commissioner has indicated that I should allow you 28 calendar days from the date you receive this letter to comply, during this time you are requested either to update the Credit Reference Files correctly (of all three Credit Reference Agencies) or notify me in writing the reasons that you refuse to.

After the 28 days have elapsed the Information Commissioner has requested that I inform them if your company fails to update the records so that they may take any necessary enforcement action against your company.

I have copied the relevant information provided by the Information Commissioner as an attachment to this request.

Yours faithfully



Fred Bloggs

Enc:

Bankruptcy Order
Discharge Notification





Relevant Extracts from Bankruptcy - frequently asked questions – 18/06/07 issued by the ICO

Bankruptcy

I am currently bankrupt. 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 six years from the date of the default.

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 leaflet.

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 bankruptcy, you can write to the lender to ask them to change the date of the default to the date on your 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 we may be able to help. You will need to send us:

- a copy of the bankruptcy order of document that confirms the date you were made bankrupt; and
- a copy of the lender’s letter which says it won’t change the date of the default.

I have been discharged from bankruptcy. Why doesn’t my credit reference file show that my bankruptcy has been discharged?

Some 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 (for example, documents from the court or Official Receiver) to the credit reference agencies and ask them to update your credit reference file.

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?

The bankruptcy entry will remain on your credit reference file for six 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 ‘partially satisfied’ or ‘partially settled’ or in some other way).

What happens to defaulted accounts on my credit reference file?

After you have been discharged from your bankruptcy you can send proof of your discharge to all the lenders whose debts were included in your bankruptcy. Those lenders 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 ‘partially satisfied’ or ‘partially settled’ or in some other way).


If the lender refuses to change the date of the default or mark it as ‘satisfied’ or ‘settled’ or to indicate in another way that you have fulfilled your obligations to that lender then you can write to us at: Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

*********************************************************


To find the correct address to send it to, which MUST be the Data controller not customer services, enter the company details at the ICO site for Data Controllers

http://www.ico.gov.uk/what_we_cover/register_of_data_controllers.aspx

Or the phone the creditors customer services and ask for the details

PLEASE NOTE

Updated 22/02/2007 by Tim

That the date that the CRF's should show as being settled or satisfied, should show any date between your bankruptcy date and your discharge date, but NO LATER than your discharge date. This is the new guidance that the ICO applies following several precedent determinations between them and the creditors.

Updated 30/06/2007 by Tim

New guidance has been issued by the ICO and I have incorporated this into the above information. The main changes are that they now publicly state that an account can be marked as 'partially settled or satisfied'. When writing to former lenders you MUST now quote the new guidance.

Updated 15/08/2012 by Tim

New guidance has been issued by the ICO and I have incorporated this into the above information. When writing to former lenders you MUST now quote the new guidance.



Tim
Last edited by TalbotWoods on Sat Jun 30, 2007 12:44 pm, edited 3 times in total.
User avatar
ByTalbotWoods
#128960 Update 12 Jan 07:

Due to an agreement or ruling by the Information Commissioner regards marking accounts as Settled or Satisfied or to indicate in another way that you have fulfilled your obligations to that lender, it is now allowable for former creditors / DCA's to mark the files as "partially Satisfied or Settled" and it is permissible for them to do this by adding a "note of correct."

If they choose to add a "note of correction", then this has the effect of automatically stopping automatic credit scoring, and the scoring has to be done manually.

Some creditors will still mark the account as fully settled or satisfied, others will mark it as partially settled or satisfied, and others will add a note of correction, this is now in line with the agreement by the IC and there is no appeal against this unless you can show that the account has been settled in full.

But on the plus side, with all account marked the date of the bankruptcy all will drop off on the 6th anniversary of the bankruptcy.

Please note that this will not stop former bankrupts or IVA holders obtaining facilities after discharge, but it will make it harder if notes of correction are present

Tim
User avatar
ByTalbotWoods
#138103 PLEASE NOTE

That the date that the CRF's should show as being settled or satisfied, should show any date between your bankruptcy date and your discharge date, but NO LATER than your discharge date.

This is the new guidance that the ICO applies following several precedent determinations between them and the creditors.

Updated 22/02/2007 by Tim


Tim
User avatar
ByTalbotWoods
#158739 PLEASE NOTE YET ANOTHER CHANGE!!

Updated 30 June 2007

On the 18th June 2007, the Information Commissioners Office released a new FAQ on Bankruptcy and Credit Files.

This new publication has brought together all the minor (!!!!) changes since the 2005 guidance into one document.

I have incorporated the relevant wording changes into the template letter

The full PDF document can be found here:

http://www.ico.gov.uk/upload/documents/ ... _v2003.pdf

IT IS IMPORTANT THE YOU QUOTE THE NEW GUIDANCE WHEN CONTACT FORMER CREDITORS, IF YOU DO NOT, THEN THE CREDITOR MAY REFUSE TO UPDATE YOUR CRF AND THE ICO WILL AGREE WITH THEM UNTIL SUCH TIME AS YOU MAKE THE REQUEST UNDER THE NEW GUIDANCE

IF YOU HAVE STARTED THE PROCESS PRIOR TO 18 JUNE 2007 AND YOU HAVE SENT LETTERS REQUESTING UPDATES UNDER THE OLD GUIDANCE, PRIOR TO THIS DATE, THE CREDITOR HAS TO WORK UNDER THE OLD GUIDANCE AND THE ICO WILL ENFORCE UNDER THE OLD GUIDANCE

Tim
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