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Bankruptcy Credit Reference File Clean Up - Discussion

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  • Firstly thanks to everyone on here, i have been perusing the forum picking up some very valuable hints. to be honest without them i could have been running around in circles for ages. :)
    2.silly questions?

    1. i am clearing up my defaults on my credit file, rather than pay for a discharge certificate can i just print off the file from the insolvency register showing i'm discharged?

    2. got my free experian report online sorted out, i'm gonna cancel before the 30 days so i don't have to pay the £15 but is it just a case of cancelling the account or getting my bank to not pay it.

    thanks in advance
  • dojoman
    dojoman Posts: 12,027 Forumite
    Firstly thanks to everyone on here, i have been perusing the forum picking up some very valuable hints. to be honest without them i could have been running around in circles for ages. :)
    2.silly questions?

    1. i am clearing up my defaults on my credit file, rather than pay for a discharge certificate can i just print off the file from the insolvency register showing i'm discharged? Some creditors will accept this and some will not, try asking your OR for a letter of confirmation.

    2. got my free experian report online sorted out, i'm gonna cancel before the 30 days so i don't have to pay the £15 but is it just a case of cancelling the account or getting my bank to not pay it. You have to ring and cancel it, have a look at the link below:)

    thanks in advance

    https://forums.moneysavingexpert.com/discussion/3141066

    Hope this helps:) When were you actually discharged?
    :pB&SC No. 298
    Life`s Tragedy is that we get OLD too soon
    and WISE too late!
  • i was discharged on the 4th august.
    thanks for a very quick response :)
  • dojoman
    dojoman Posts: 12,027 Forumite
    i was discharged on the 4th august.
    thanks for a very quick response :)

    No problem, make sure you print some copies of the IS register soon, as it will disappear from there after 3 months:)
    :pB&SC No. 298
    Life`s Tragedy is that we get OLD too soon
    and WISE too late!
  • wow okay i will print and scan my IS register onto pc for reference.
    the link was great, thanks & good luck to all who are doing this.
    have a good day peopel :P
  • HI

    I have written to and spoken to Barclays several times during the clean up and they have come back to me today to say they aren't under any obligation to update the files to show settled or satisfied (clearly their wrong)...

    I am going to put in a complaint to the ICO but before that I want to try and get Barclays to get their finger out of their bottom and update the file without having the drawn out ICO involvement.

    Can someone tell me where in the DPA that says they have to update after BR?

    Ta.
    If it wasn't for the mistakes I made in the past (and learned from), I wouldn't be who and where I am today. It doesn't matter if you've cocked up, what matters is that you put it right and apologise. x
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    edited 5 August 2012 at 10:18AM
    Reminder letter.
    FINAL REMINDER.

    NOTICE - LETTER BEFORE ACTION – BREACH OF THE DATA PROTECTION ACT BY CREDITOR.

    Dear Sir/Madam,

    I refer to my letter dated xx/xx/20xx and received at the registered address of your Data Controller on xx/xx20xx. Proof of your receipt of this is attached.

    In my letter I required you to correct the information on my Credit Reference Files in accordance with the Data Protection Act and the guidance issued by the Information Commissioner.

    I was declared bankrupt on xx/xx/20xx and subsequently discharged on xx/xx/20xx, and an account held with CREDITOR at the time was covered by this bankruptcy.

    Namely:

    Details of account(s)

    For your convenience I also included with my initial letter:

    List of documents you included.

    I required that you:

    - Mark these accounts in some way to indicate that these accounts are settled or satisfied.

    - Amend the default entry to be no later than <Date if your bankruptcy>, in accordance with the Data Protection Act.

    You had 28 days to correct this information.

    You have so far failed to comply with this request and your obligations under the Data Protection Act.

    Therefore I wish to remind you of your obligations and give you a final chance to correct the information.

    You have 28 days from receipt of this letter to do so.

    Should you fail to make the corrections required, further formal action will be taken, and a complaint registered with the Information Commissioner and Financial Ombudsman Service.

    I would appreciate your due diligence in this matter.

    Yours faithfully


    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Can someone tell me where in the DPA that says they have to update after BR?
    If it wasn't for the mistakes I made in the past (and learned from), I wouldn't be who and where I am today. It doesn't matter if you've cocked up, what matters is that you put it right and apologise. x
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    The DPA says that records should be accurate.

    It's the ICO's job to issue guidance to creditors on what that means in practice.

    The ICO's opinion is this: http://www.ico.gov.uk/for_the_public/topic_specific_guides/bankruptcy.aspx

    Not complying with that would be a breach of the DPA in the ICO's opinion, and they can take action against the creditor (in theory).
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • First post so hi folks!

    Thanks to Fermi for the excellent work on the post bankruptcy thread, i have just read it after being refused a contract phone today 3 years after being discharged bankrupt, just checked quickly and the debts are still showing default on checkmyfile(wich only seems to be showing callcredit and equifax, not equifax, is this normal?) anyways i have a couple of questions if you dont mind...

    I believe i have to print off the letter in that thread and send it to my ex creditors who the debts were with?

    I had 4 debts all with the same creditor so do i have to send 4 letters (one for each debt) or can i just send one letter listing the 4 accounts on the one letter?

    As you said in your guide callcredit are the worst and still showing my debts as Defaulting each month even to this day...

    Does sending my letter(s) to my ex creditors automatically enable them to change my credit files with experian, equifax and callcredit? or do i have to do something seperate for callcredit as i think you hinted at in the post bankruptcy thread?

    One of my debts (a joint current account) is showing twice is this normal?

    Sorry to just barge in with lots of questions

    Many thanks for all your work!

    Ben
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