Bankruptcy Credit Reference File Clean Up - Discussion

Billywizz_2

Hi

I am about to clean up my CR where there are some post BR Defaults, 3 are with Nationwide. And 2 with a couple of these whole sale debt collector companies Lowelle Portfolio and Max recovery.

My question is has anyone found the wholesale companies "difficult" when it comes to showing the status "satisfied"?

Also neither of these 2 companies has ever contacted me regarding the outstanding debt, pre or post BR, so I dion't actually have an address I can write too. Does any one know their addresses?

Round_The_Bend

One of my debts was a joint loan (First Direct) with an ex-partner. I have just checked my credit reports and noted that an overdraft and credit card with First Direct, that were in my sole name are now registered as 'settled'. However, the joint loan is still registered as 'delinquent'.

Does anybody know if there is anything that I can do about this or will it remain there indefinitely? I was discharged in September 2009.

Thanks, in advance, for any advice.

fermi

Hi. everyone.

I know that a few of you have had some problems getting the CRFs corrected in the recent past.

Specifically that:

1) Some creditors have been insisting that you prove that a debt was listed on your bankruptcy Statement of Affairs before they will correct the entries.
2) On complaining to the ICO, they themselves have been demanding copies of the SOA to prove the debt was listed before they will consider a complaint.

As I am sure you are aware, under law a debt or liability that exists at the time of the bankruptcy order is covered by that order REGARDLESS of whether the debt is listed in the orignal SOA for the court/OR.

Therefore, requiring you to show a debt was on the SOA before data is corrected or an official complaint is processed is both unfair and incorrect.

Some time back this was queried with the ICO, and the following response has now been received.

Thank you for your enquiry regarding the Information Commissioner’s Office requesting a copy of the debtor’s petition statement of affairs involving cases where individuals have looked to correct their credit reference files following a bankruptcy.

I can confirm that we had requested this information previously but this is no longer the case.

The Information Commissioner’s Office has become aware that under the Insolvency Act 1986, a bankruptcy debt refers to any debt or liability an individual is subject to at the commencement of the bankruptcy. As a result of this, we no longer request an individual’s petition statement of affairs when dealing with these types of cases.

I hope you have found this information useful and trust that it clarifies our position on the matter.

Yours faithfully

****** ******
Casework and Advice Officer

In other words, if the ICO no longer needs it, neither does the creditor. So now NO EXCUSE.

mrsmoneyworries

""In other words, if the ICO no longer needs it, neither does the creditor. So now NO EXCUSE.""


^ ^ ^ :j :j :j ^ ^ ^

fermi

blind-as-a-bat wrote: »

Just bein pedantic:p

But they claimed that they did, and they are the people who are supposed to know! :rolleyes:

But I take the point. :cool:

fiveyearplan

Billywizz wrote: »

Hi

I am about to clean up my CR where there are some post BR Defaults, 3 are with Nationwide. And 2 with a couple of these whole sale debt collector companies Lowelle Portfolio and Max recovery.

My question is has anyone found the wholesale companies "difficult" when it comes to showing the status "satisfied"?

Also neither of these 2 companies has ever contacted me regarding the outstanding debt, pre or post BR, so I dion't actually have an address I can write too. Does any one know their addresses?

I believe it is still up to the original creditor to make sure it is correct so start with them again.

fiveyearplan

Round_The_Bend wrote: »

One of my debts was a joint loan (First Direct) with an ex-partner. I have just checked my credit reports and noted that an overdraft and credit card with First Direct, that were in my sole name are now registered as 'settled'. However, the joint loan is still registered as 'delinquent'.

Does anybody know if there is anything that I can do about this or will it remain there indefinitely? I was discharged in September 2009.

Thanks, in advance, for any advice.

Follow the advice in this sticky and contact FD.

nomis21

This is driving me round the bend, 4 letters have gone off to the hsbc, i used the credit clean up template, i had an overdraft on my current account and a credit card account with the HSBC before going BR in June last year 2008.

My Equifax CRF has been marked satisfied but the Experian one is still showing money owed...!
I have written to more than one address for the HSBC and the last letter was sent about 2 month ago.
It looks like i will propably need to send more letters. Does anyone if there is more than one address for the HSBC Data Controller? In the past ive had letters saying ive sent them to the wrong office??????
Is the credit card address different from the current account address?
The only one i have is the Canada Square addy.
Any help please?

fermi

UPDATE to post # 226.

I am now told that the ICO will be changing the incorrect advice to debtors in their online bankruptcy FAQ factsheet.

Currently this give the misleading and incorrect impression that the debt must have been on the original SOA for you to be able to ask a creditor to correct the wrong info.

As we know, that is simply untrue.

Hopefully it won't be too long before the ICO's FAQ is updated.

tigerfeet2006

nomis21 wrote: »

This is driving me round the bend, 4 letters have gone off to the hsbc, i used the credit clean up template, i had an overdraft on my current account and a credit card account with the HSBC before going BR in June last year 2008.

My Equifax CRF has been marked satisfied but the Experian one is still showing money owed...!
I have written to more than one address for the HSBC and the last letter was sent about 2 month ago.
It looks like i will propably need to send more letters. Does anyone if there is more than one address for the HSBC Data Controller? In the past ive had letters saying ive sent them to the wrong office??????
Is the credit card address different from the current account address?
The only one i have is the Canada Square addy.
Any help please?

I think now is the time you get a letter off to the ICO, though I am not an expert where credit files are concerned.