Bankruptcy Credit Reference File Clean Up - Discussion

Jenbaz19

I really need some help.
After finally been able to obtain my equifax credit report (they couldn't identify me) I've now checked it and just don't know what to do. After going rough a messy divorce i had to make myself bankrupt, we divorced early 2006, she was still on my file until I got her removed a couple of days ago.

The main problem is we had a joint loan from black horse. I'm almost positive it was agreed if I signed our house over to my ex wife in court she agreed to take liability for the loan. This loan is on my credit file saying defaulted and that there's over £2000 still outstanding.

As of next year my bankruptcy will be removed from my file and everything will be clean. Except this showing from black horse and it actually says date updated 2011.

Can anybody give me any advice on what to do about this? please help we want to buy our home and I can't even get a basic bank account

fermi

Date updated is of no matter really.

What is listed as the default date?

dj2015

I went bankrupt at the beginning of 2013 and just looked at my credit file. I'm not sure what to make of it





Could someone tell me what needs to be fixed?

1. Some entries are showing status 'Default' with a balance next to it


2. Some are showing status 'Default' with 'Satisfied' (Are they both the same?)


3. One payday loan is showing an amount and the status is '6 payments late'


The default dates are + - 4months of my BR date, so is that ok?

I know the payday loan needs to be fixed, but what about the other 2?


Thanks


Thanks

fermi

1. A 'default balance' is what was owing on the account at the point it defaulted, if that is what you mean. That will never change as it's a fact at that point in time. The actual balance if shown is what should be zeroed or show as satisfied.

2. No, but you can have a satisfied default, which would the normal and correct way to mark things.

3. That is wrong. If included in a BR they are obliged to default it. Showing any other status is inaccurate and unfair as it unfairly prolongs how long adverse data remains on the file.

Default date should be on or before you BR date. 4 months later would mean those accounts would be on your credit report for up to 4 months after the actual BR order has dropped off. Assuming that matters to you, then that need correcting.

Ones with it before the BR date should remain unchanged.

dj2015

Thanks for the reply. I didn't get any correspondence to say I was discharged. Infact i only had one phone call from the OR and that was all. Would I need to get this to send in the letters?

And if I phoned the OR can they send a letter to me to save £80 asking for the official discharge?

fermi

https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch13-24/Chapter22/part1/Part%201.htm

22.7EA Request by former bankrupt for a certificate of discharge (updated October 2013)

Where a bankrupt is discharged following the early discharge process they will receive confirmation of the date of their discharge on Form EDNOT (see paragraph 22.11EA in part 2) . Bankruptcy orders made on or after 1 October 2013 are not eligible for early discharge (see Part 2).

Where a bankrupt obtains an automatic discharge by expiration of time, no order of discharge is made by the court. If evidence of discharge is requested by a former bankrupt this should be provided in the form of a simple letter confirming the date of discharge according to the official receivers records. Where there is a trustee other than the official receiver in office the letter should also address the unlikely event of the trustee making application to the court for the suspension of the bankrupt’s discharge without the knowledge of the official receiver. Two versions of a letter have been produced to cover the eventualities outlined above and are available through Document Production under the reference DENQ. The correct version of the letter will be produced automatically provided the trustee information has been entered correctly on ISCIS.

From 24 June 2013 the Insolvency Enquiry Line (IEL) team will issue letters confirming the date of discharge on behalf of all official receivers’ and LTADT offices.

The IEL team will deal with all requests for a letter confirming the date of discharge and enquiries from the Courts requesting confirmation of the date of discharge. In all cases ISCIS or Legacy Corporate Reports will be used to ascertain the date of discharge. If the information cannot be found using these tools the request will be referred back to the owning office to investigate. Cases where it is discovered a suspension of discharge is in place will be referred back to the owning office to deal with.

When an office receives a written request for a letter confirming the date of discharge via an email, fax or scanned letter it should be forwarded to the IEL’s discharge inbox at [EMAIL="discharge.queries@insolvency.gsi.gov.uk"]discharge.queries@insolvency.gsi.gov.uk[/EMAIL] . The IEL team will monitor this inbox on a daily basis.

When an office receives a request via the telephone the enquirer should be asked to email their request to [EMAIL="discharge.queries@insolvency.gsi.gov.uk"]discharge.queries@insolvency.gsi.gov.uk[/EMAIL] . Please ask the enquirer to provide details of their full name, date of birth, current and previous address, national insurance number and court reference number. If the enquirer does not have access to email they should be advised to call the IEL on 0845 6029848 (callers should select option 3 followed by option 5).

Responses will be sent electronically where possible, with the discharge letter attached. If no email address is provided the letter will be posted 2nd class. The discharge letter emailed out is a Pdf copy, as this format prevents electronic amendments being made. A copy of the letter will be filed in the case file in Wisdom.

If the standard letter is insufficient for the former bankrupt’s requirements they may apply to the court for the issue of a certificate of discharge, which will indicate the date from which the discharge is effective.

Note: [R6.220(1)] [Form 6.77 - Certificate of discharge]

boltonangel

i was made bankrupt 4/6/09 and thought i'd cleaned by files up but i've jusr checked and there's some errors.

i understand that i need to correct the default date to my br date but does the settlement date have to be my discharge date and what happens if it's left as it is?

thanks

fermi

The default date is the crucial thing as that controls when it all drops off your file.

The settlement date technically should be your discharge date, but it's really no bother if it's not.

boltonangel

thank you, i was wondering because the settlement dates are either a couple of days out or 3 years!

I recently applied for credit and the underwriters declined due to me having issues since br. which i can only assume are the default dates being incorrect (longest is 2 months later)

madaleigh

Hi all,

Was wondering if one of you experts could help me out.

I went into bankruptcy in 2012 and discharged a year later. Most of my creditors disappeared from my file after some time, however some have remained on there.

I guess my first question is, is this normal for some to stay and some to go?

The ones remaining all have default dates in 2012 (i've only checked Noddle so far), so will they just disappear from the file 6 years after that date, or do I need to raise a dispute?

Thanks in advance