Defaults pre bankruptcy

loulix45 · 3 September 2013 at 9:58AM

Hello all! I'm new to posting but not new to this forum as I've probably been a daily visitor since I was initially considering bankruptcy last May and in all honesty, it's been a godsend! Anyway I went ahead and was declared bankrupt on 03/09/2012 and was fortunate enough to receive ED on 21/05/21013. I have now started to clean up my credit files which has been slow and time consuming as I had 18 creditors! On my reports many of the accounts show default dates as early as 2009 instead of my bankruptcy order date as I was on a DMP for 3 years prior to bankruptcy. However these remaining accounts aren't marked as satisfied. My question is, if I write to the lenders to mark these accounts satisfied, would they change the default date too, or keep the default date as it is and mark the account satisfied with my bankruptcy date? If they were to change the default date am I better off just leaving them there unsatisfied so that they drop off my files quicker?

Many thanks in advance for your answers...

fermi · 3 September 2013 at 10:03AM

They are not allowed to move the dates forward. If they were daft enough to, you could complain and get that reversed.

If it makes you feel more comfortable you can remove references to amending default dates from the clean up letter, and just leave in the request to mark them satisfied as per your discharge date.

loulix45 · 3 September 2013 at 10:27AM

Thanks fermi, I'll get the rest of my letters posted off today!

I have another issue you may be able to help me with regarding a company called Moorgate. I emailed them requesting they correct the dates on my credit files and they have marked the account as settled but only from the date of my request in August and not my discharge date in May. They have also not defaulted the account and it is showing as having 12 months of sustained arrears. Surely they can't do this as it will now be on my credit file for an extra 1 year and 3 months!

Thank you in advance.

fermi · 3 September 2013 at 10:37AM

Write and tell them that:

- A bankruptcy is a clear unequivocal indicator of a default, as set out in ICO guidelines.
- ICO guidelines also state that on being informed of a bankruptcy, lenders should file a default immediately and backdate that default to no later than the bankruptcy date.
- That the record of arrears, without default that is required by the bankruptcy, does not represent an accurate record of the account history, which is a breach of ICO guidelines and their duties under the Data Protection Act 1998.
- As such, your require that they default the account and backdate the default to the date of the bankruptcy.
- Any failure to correct the entry as required will result in a complaint to BOTH the ICO and the FOS.

loulix45 · 3 September 2013 at 10:49AM

Brilliant fermi, once again many thanks!

GlamGirlie · 12 September 2013 at 11:49AM

Fermi - what is ICO and does the same apply to IVAs, please?

GlamGirlie · 12 September 2013 at 11:50AM

Ignore that - Googled!

Defaults pre bankruptcy

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