Bankruptcy Credit Reference File Clean Up - Discussion

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  • Gazwa
    Gazwa Posts: 33 Forumite
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    ........any one?
  • fermi
    fermi Posts: 40,544 Forumite
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    Bankruptcy is one of the cases where they don't need to let you know that they are registering a default.

    You go BR ----> the account is covered by the BR ---> they can mark it as a default

    Obviously the default shouldn't be dated any later than the BR date.

    I wouldn't worry about it to be honest. The default will go when the BR itself does, and an extra default is pretty meaningless while that is still on the records.
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  • TanyaN29
    TanyaN29 Posts: 10 Forumite
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    Hi Fermi,

    Can you please point me in the right direct.

    My credit card is showing as settled but my catalogue has a big D on it, the Default date on this was Feb 2010 and I was discharged in April 2010, should this now be showing as settled / partially settled as in the case of my credit card, it was included on my bankruptcy order.

    Also I'm trying to clean up my credit file but have found that although the mortgage and remortgage with my ex partner were included in my bankruptcy, they are showing in arrears on my credit file.

    My ex has kept the house and I havent been anywhere near it for over two years, yet his neglect in paying the bills is pulling my credit file down (i made the mortgage right up until we split).

    I have e-mailed the OR but am awaiting a response, I believe its this above my BR that is affecting my abilty to find somewhere cheaper to rent and even get quotes for necessities such as car insurance and contents insurance

    Have managed to renew car insurance with current supplier and got a guarantor for rent problem, but would really like to know how to deal with catalogue default issue and also the ex and the mortgage, have been told by one website that I cannot have my name removed from the mortgage (its still on as I was under pressure from my ex to leave it on before I went bankrupt.

    Any help or pointers is most appreciated.
  • fermi
    fermi Posts: 40,544 Forumite
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    Mortgages can get a bit complicated, but the catalogue is quite simple.

    That should say "satisfied" or "partially satisfied". As the account was defaulted, then the default should also remain marked on there. It's just the date of the default that is at issue. It should be no later than the date you went bankrupt. If either of those are wrong then you need to send the letter here to get them sorted. http://forums.moneysavingexpert.com/showthread.php?t=677875
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  • TanyaN29
    TanyaN29 Posts: 10 Forumite
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    Cheers Fermi,

    I'll get on with the letter to the catalogue as it definately doesnt say satisfied or partially satisfied / settled. The default date is Feb 2010, but I was made bankrupt in Apr 09, so its as if the payments were never paid but they werent aware(Hmm yeah right, had many an arguement over the phone with them about this and all notification from them went straight to the OR).

    As to the mortgage I'll see what the OR comes back to me on and then I may also write to the Mortgage company asking them to remove me, havent been anywhere near the house in over 2 years and have very little contact with my ex, we only correspond for my daughter's sake.

    Its a shame if I cant cut all financial ties with him as its down to him I had to go bankrupt after our split.

    Thanks once again Fermi, I had seen the letter but wasnt quite sure if it did apply to catalogues as well.

    I'll keep you posted on the mortgage situation, in case it may help others out with a similar situation, suppose in some ways its my own naivety and lack of info I received as I thought that going bankrupt would remove my name instantly, unfortunately i know dfferent know but as someone on anither forum told me the damage has already been done.
  • DizzyDebbs
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    fermi wrote: »
    As said, it's only the court certificate that you have to pay £60 for. Even then, if you qualify for fee remission, that would be free.

    Most creditors are OK with a letter confirming discharge from the or. Only a few occasionally are deliberately obstructive and demand the actual certificate.

    Hiya,
    I signed up for my free 30day trial with Equifax and Experian back in February - I just called them to cancel before I get charged.
    Now its almost 3years since my BR and almost 2 since Auto Discharge and there were two large defaults still on there - from LloydsTSB (both of which were covered in the BR) - I was recently turned down for an 02 monthly contract so I wonder if this is why.
    Anyway my point is - when I spoke to the person from experian he offered to help as I had one day left and at that moment in time was still a customer!!
    He said if I send them my BR discharge papers he will get my credit report entries updated to say settled and correct the dates to my BR date? And also suggested I send a letter or statement to explain why I had to declare BR (my long term illness).
    I was led to believe you had to write to the awkward company's and I have never read any mention 'ever' of Experian being helpful?
    I never got any discharge papers so will have to email the OR to ask for a letter - but definitely going to follow up on this offer - hope he meant it and its not just spiel to get me to sign back up?
    Why they do not automatically send the discharge papers after 12 months is odd as I am sure it would save work and grief in the long run!

    Oh thought I would mention that the Equifax person I spoke to was not in England, English was not their first language and was very unhelpful!! (well could not understand my questions) and these people affect our credit rating, therefore our lives!!! :eek: I just hope I do not have to call them ever again!!
    Auto Discharged on 26 June 2009
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  • fermi
    fermi Posts: 40,544 Forumite
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    Experian often can help get incorrect entries corrected.

    However, if you do so it's recommended that you also write you own letter to the creditor as well.

    1) You one letter will demand that the creditor corrects any wrong entries with ALL THREE credit reference agencies. Not just Experian.
    2) Experian can be helpful. But sometimes it doesn't quite seem to work properly.
    3) If you have your own evidence of writing to the creditor, then if the entry isn't corrected, then you have all the evidence you need to start a complaint with the Information Commissioner. If you haven't written to them yourself, then the ICO can sometimes baulk at considering your complaint.
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  • alastairq
    alastairq Posts: 5,030 Forumite
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    Hi....today received a letter from Arrow Global...informing me my [defaulted] account has been transferred..lock, stock and title, to Arrow Global Guernsey Ltd.

    This is some ten months after my AD.

    They are showing [on the two E's]...as defaulted, but with a date some 8 months prior to my BR commencement date.

    They do not show as either 'satisfied' or 'partly satisfied'.

    Now...is it right that this account can be 'transferred' to an offshore company?

    Even if apparently a different branch of the same company, can a debt included in Br be 'transferred in title, etc'...legally?

    Is it a ploy to circumvent the BR?


    They have 'quoted' on the reverse, the DAta Protection Fair processing stuff...but have stated that, to be marked as 'satisfied' they will only accept settlement 'in full'....


    If I simply write a letter to the new company, pointing out that the information they post on the two E's is incorrect in respect of the 'satisfied' bit, am I likely to then have the issue of their advancing the 'defaulted' date to beyond the BR date?
    [giving me more hassle chasing that up?}

    Or should I simple let 'sleeping dogs lie' in view of the current, favourable default dates?
    No, I don't think all other drivers are idiots......but some are determined to change my mind.......
  • fermi
    fermi Posts: 40,544 Forumite
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    edited 2 April 2011 at 2:06PM
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    A bankruptcy debt van be sold or transferred, No problem there.

    They are still obliged to correct the CRA data to show that the debt is settled/satisfied in some way. Partially settled/satisfied is acceptable.

    You are asking them to change the debt to marked as satisfied in any letter. Why would they change the default date?
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  • DON79
    DON79 Posts: 3,842 Forumite
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    Out of curiousity, just had a peek at my credit file :)

    what I expected more or less but two companies have marked their debts as satisifed and one as partially satisfied, all shown as closed.

    Does it matter that the one is only recorded as partially satisfied?

    Another company are still recording a "D" every month? does this matter as well?

    I haven't gone down the credit clean up route as I still can't face having more credit so I am not too worried what my credit file says really.
    But if I don't clean up, what are the risks as it should all disappear after the six years shouldn't it? I know some creditors can be naughty about the default date they register though which can mean it is on your file longer than six years so I would be keeping an eye out for that.

    thank you for any thoughts :)
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