Bankruptcy Credit Reference File Clean Up - Discussion

leonard99

fermi wrote: »

You contact the company who is listed on your credit file for the debt.

If that is the collector that bought it, and they are listed on your credit file, then the legal responsibility to correct has passed to them.

Thank you fermi!

rightsuser

Could someone please advise how I find the addresses of the data controller for the different companies I need to contact regarding my credit clean up? I can't seem where to find that information.

Thanks

fermi

Should be a list of addresses for your creditors on your Experian report, or check here: https://ico.org.uk/about-the-ico/what-we-do/register-of-data-controllers/

papito

hello

I was declared bankrupt in November last year and sent the letters to clean up my file... Barclaycard has called me and said they will now correct it but ssid it will be recorded as "partially paid" or something like that but not "settle" it will also take 4-6 weeks.
Is this right?
Thanks

philnicandevan

"Part settled" should be fine...hmm 4-6 wks is good for barclays! I would however a little after their timescale check your credit files again & see if they've done what they said they would.

fermi

A 'partial' flag added to the satisfaction of the debt is normal for a bankruptcy debt record. Just distinguish between a debt which was paid in full in the end, and one where the creditor accepted or had to accept less than the full amount, which is extremely the case on a bankruptcy debt.

So that is OK.

AS far as taking 4-6 weeks, that is taking the pish a bit, but unless you are being refused a mortgage or something due to the incorrect status, there is not much of a point in arguing, as even somewhere like the ICO doesn't insist they hurry too much normally.

EDIT: Cross posted with Phil.

papito

Thanks philnicandevan and fermi
I also noticed that Nationwide cc sold my debt to MKDP and both are in my credit file as default although since last week I sent letter the MKDP is now showing settle with correct dates.
Should't Nationwide not been in my credit file as they sold it to someone else?? can I complaint?
Another thing I noticed is tha Experian doesn't provide defaulted acc numbers but Equifax do.

fermi

Nationwide can keep their record on the file as long as it says settled and sold on.

ICO says

CRA Defaults - Recording of defaults relating to debts that have been sold.

The practice of selling/buying debts is widely used. As long as the information is correctly recorded on a credit file by the lender selling the debt and the lender buying the debt, then two entries relating to one account would not be considered to be a breach of the Data Protection Act provided that:-

• both recorded entries are shown as being in relation to the same account/debt;
• the original debt entry should be shown on the credit file as being either ‘settled' or ‘zero' balance and should show that the debt has been ‘re-assigned’;
• the new DC who shows the debt in their name should maintain the original default date and the correct balances;
• the retention period for maintaining the information on a credit file should be based on the original default date regardless of who is responsible for the entry/debt.

debtdawg

DH was discharged from bankruptcy in September (bankrupt Sept 14). Just checked his file on equifax and Barclaycard sold a debt after the bankruptcy (updated Feb 15) to PCO Holdco S.A.R.L who recorded an agreement of £1 per month for 60 months that defaulted after the bankruptcy date and it shows the original debt amount as outstanding. From searching online it looks like it's pretty difficult to get in touch with these people, can anyone help? Both Barclaycard and PCO Holdco defaulted the debt in Nov 2014, after the bankruptcy date.
Lloyds TSB also defaulted afterwards and are still showing the debt as unsettled.
All other creditors have updated their accounts and are showing as settled.

debtdawg

If a bankruptcy debt is marked as partially settled, does that mean that the amount outstanding should be zero?