Bankruptcy Credit Reference File Clean Up - Discussion

Rachachelle

Wondering if anyone can help me. I was declared BR on a LILA in Scotland. I have received my reports from Experian and Equifax (both say the same thing really), there are about 7 accounts still reporting as recently as 12th of this month! Also, Experian has my discharge as this year, and Equifax has it as 2015! I was discharged exactly a year after I was declared. I know I can write to the credit companies and get that fixed with a copy of my certificate, so that's ok.
My problem is - I didn't know anything about 'credit clean-up' when I went BR, so I dumped all of my account details etc. Am I able to write to these companies that are still reporting, with just an old address and personal details? I also need to obtain a copy of my BR certificate, I only have the discharge.
Anyone with any ideas?

Thanks

mrcurious_2

Morning all, have started cleaning my CF and checked yesterday most are showing settled but do not have the correct BR and discharge dates as per my documentation sent (recorded) Santander have done it correctly which surprised me

Even though 28 days have not yet elapsed shall i write back to the creditors pointing this out?

Also there is a company called tti spc who took my Barclaycard account over no entry for them but BC have put settled and the tti entry is for the same amount and same debt can anyone help as i have not heard of tti spc?

Thanking you all again

Robsb75

Hello

I was made bankrupt in Nov 2009, discharged April 2010. Having come across this Site I have contacted experian to get hold of my credit report. It makes interesting reading as several of the companies who where included in my bankruptcy ppear to have already marked by file as settled. I have written to them all using the credit file cleanup letter and Black Horse ( in debt to £10+K) have marked dates correclty and marked the account as 'satisfied'. Am I right in saying this is correct as the Account has not been paid off so therefore cant be marked as settled??
Also had a call from Barclaycard (one of the creditors I had written too), for them to tell me it was a courtesy call and they were just ringing to let me know that my file would be updated by them on Monday but to be aware that Experian, Equifax and Call Credit might not update the file for a few weeks. I was gob smacked by this !!
Can anyone tell me who CAPQUEST (Formally FTC) are as they are showing that I have defaulted on their Account but I have not dealt with these people. It says the Account Type is 'Bank'. Could this be Egg banking selling my debt on??

Many Thanks

Rob

minimad1970

Hi, I was declared bankrupt in august 2008 and discharged a year later. I have only just decided to clean up my credit file:o. I've got a few queries. I have got credit reports from Experian and Noddle, I've found that my barclay's bank account and loan appear on both but Morgan Stanley, Skycard and my Barclaycard, all issued by Barclay's bank, don't appear on either of them. Is this normal? I've now ordered a copy from Equifax. Also my Mint and Tesco credit cards are showing as defaulted with no balance showing. I had a Marbles credit card which shows on Noddle but not Experian, Noddle tried to get Marbles to change the info, it is showing as defaulted, but they said they are unwilling to amend the record on my credit file and they require a certificate of discharge from me. I decided to ring the Official Receiver to ask how to obtain this certificate, when they asked why I needed it I told them about Marbles, they checked my list of creditors and Marbles weren't listed, although they are on my list of unsecured creditors, she said they must have been missed off! They are going to send Marbles a letter with all the info. This explains why they wouldn't change my file, but not why I haven't heard anything from Marbles since 2008! Surely if they hadn't been informed of my bankruptcy they would have been harassing me. Any advice would be gratefully received. Sorry for the very long post.:)

Nemesis-UK-

As someone who has fallen foul of this. Please, if you are writing to a company to have your credit file altered due to any incorrect information, mark your letter initially as COMPLAINT.

If not it can be treated as a request, not a complaint, and so delay any complaint procedure should they not update your file within the 28 days.

I've just been exactly here, and even though I sent all the correct information in January, only NOW is it being treated as a complaint, as I rang and complained that they hadn't followed the original letter correctly.

Just be aware, and sorry if this has been posted before.

kerry.w

I have spent the past 5 months cleaning my CRF up through Experian, do I now have to do all that same exercise with each of the other CRA's, or will the creditors do as requested in the sample letter asking to cleanup and report correctly on "all 3 credit reference agencies"? I HOPE NOT!!!!

dave_howard_2

Hi all, my problem is similar to minimad1970.
I was bankrupt in 2006 and discharged a year later and im now trying to clean up my credit file (noddle) and Littlewoods are being difficult.
They are saying they have no record. The email reply reads :

'There is no notification on either account that they were included in your bankruptcy. Please send a copy of the original bancruptcy order showing both accounts included and also a copy of the discharge notification to:' etc

Now im sure it was as this was a while back and i replied by saying :
I find it strange that this debt goes back many years and surely if i was defaulting i would have received many court letters and demands?
May i also add that a record of my bankruptcy was accessable for everyone to see, but i can send you the copies of my bankruptcy and discharge
letters.

Sorry for the long story but if there was not a notification given to them,(which im sure there was) then where do i stand?

Thanks in advance.

fermi

They are trying to fob you off.

If the debt existed at the time of the bankruptcy, then it is automatically included in the bankruptcy proceedings, regardless of whether they received notification at the time or not.

Under s283(1) Insolvency Act 1986, a "bankruptcy debt" is.

"any debt or liability to which he is subject at the commencement of the bankruptcy,"

As such, they are obliged to correct the credit reference files once they become aware of the bankruptcy. No excuses.

The ICO did a while back make a complete balls up of their guidance, that gave the impression that a creditor would only have to correct CRA entries if the debt was actually listed on the BR SOA.

The ICO have now backtracked on that mistake, and now it simply has to be "included in your bankruptcy".

Under s283(1) all non exempt debts are "included".

No matter whether they were on the forms at the time, or whether the OR or creditor was notified.

Some companies will still try to mislead you into thinking they don't have to correct things. They are either ignorant, or deliberating trying it on. They are obliged to correct the files, no matter what.

fermi

kerry.w wrote: »

I have spent the past 5 months cleaning my CRF up through Experian, do I now have to do all that same exercise with each of the other CRA's, or will the creditors do as requested in the sample letter asking to cleanup and report correctly on "all 3 credit reference agencies"? I HOPE NOT!!!!

If you sent the letter in the main sticky, they "should" in theory have updated records on Equifax and Callcredit as well.

Only way to check for sure is to get your £2 reports from both.

fermi

minimad1970 wrote: »

Hi, I was declared bankrupt in august 2008 and discharged a year later. I have only just decided to clean up my credit file:o. I've got a few queries. I have got credit reports from Experian and Noddle, I've found that my barclay's bank account and loan appear on both but Morgan Stanley, Skycard and my Barclaycard, all issued by Barclay's bank, don't appear on either of them. Is this normal? I've now ordered a copy from Equifax. Also my Mint and Tesco credit cards are showing as defaulted with no balance showing. I had a Marbles credit card which shows on Noddle but not Experian, Noddle tried to get Marbles to change the info, it is showing as defaulted, but they said they are unwilling to amend the record on my credit file and they require a certificate of discharge from me. I decided to ring the Official Receiver to ask how to obtain this certificate, when they asked why I needed it I told them about Marbles, they checked my list of creditors and Marbles weren't listed, although they are on my list of unsecured creditors, she said they must have been missed off! They are going to send Marbles a letter with all the info. This explains why they wouldn't change my file, but not why I haven't heard anything from Marbles since 2008! Surely if they hadn't been informed of my bankruptcy they would have been harassing me. Any advice would be gratefully received. Sorry for the very long post.:)

If they get proof of the BR and discharge, they they must update regardless. No excuses.