Bankruptcy Credit Reference File Clean Up - Discussion

Cruciverbalist

Many thanks, Fermi.

I used the form letter to seek correction from Lloyds on all three CRFs, and received a call (within 4 days of sending) from a very apologetic gent, assuring me the entries would be amended, and offering me £100 for the inconvenience.

He told me that Lloyds are making this sort of thing a priority, so if anyone reading this has an erroneous post-bankruptcy entry on their credit file related to a Lloyds product, then (at least if my experience is anything to go by) you can expect a swift response.

I didn't attach a copy of the bankruptcy order, or confirmation of the discharge, but then both were clearly marked on my credit file.

Thank you to all who contribute advice to this corner of the forum. Living with bankruptcy would be considerably harder without this resource.

fermi

Excellent.

Glad that helped.

fermi

Where a creditor asks for proof that a debt was included on your statement of affairs.

Thank you for your letter dated xx/xx/20xx.

I note that you have requested proof that the debt owed to xxxxxx under account number xxxxxx was included in my bankruptcy.

Having consulted with the Office of the Information Commissioner and the Official Receivers, I can confirm that in relation to the aforementioned debt:

• This is a "bankruptcy debt" under s382(1) of the Insolvency Act 1986, and so included under the bankruptcy order dated xx/xx/20xx in xxxxx county court.
• As a basic principle of law, all provable debts that exist at the time of the bankruptcy are automatically covered by, and are part of, the bankruptcy.
• I am not obliged to provide proof that the above debt was covered by the proceedings, as it was automatically a debt in the bankruptcy as a matter of course.
• Previous guidance from the ICO that suggested that files should only be corrected where a debt is listed on the bankruptcy statement of affairs were issued in error, have now been withdrawn/corrected, so this no longer applies.
• As a result of this you are obliged to update the credit reference files as per my previous request, without further delay.

Any further attempt to delay complying with your obligations will not be tolerated and will form part of a formal complaint to the ICO, the FOS and other regulators.

I hope I have made myself understood.

Yours...

lostcause82

I have a CCJ on my credit file. Can I write to the court the same way as a creditor and ask them to update it as satisified?

Thanks

fermi

No. The rules on the courts marking judgements as satisfied mean they need proof that it actually was (i.e. you paid it) or confirmation from the creditor that it is satisfied.

Being coved by a bankruptcy order is not enough for a CCJ. It may be unenforceable against you because of the BR, but that is it.

davescot691

I have an entry against my name from Orange on my crf as a "delinquint" account, anyone tell me what this means? the account was part of my BR and is now closed. it was never marked as default but the balance is £0

anthonyduk

Hey folks!

Firstly thanks to Fermi who was stellar in helping me three years ago with my BR. I had a quite simple one and it went smoothly. Well that was until recently. I signed up to "Noddle" after Martin suggested you get it as it was free and noticed that I still somehow had a loan and a credit card. Drilling down into the file I see that these are from the BR.

What is quite alarming/distressing/angering is that these people (Welcome Financial Services and Vanquis Bank) keep updating the file showing default as this year. For example with Vanquis:

Credit Card
Account number
*************1040 0

Account start date
21/09/2006

Opening balance
£ 632

Repayment frequency
Monthly

Date of default
28/11/2008

Default balance
£ 632

Status history

Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec 2012 (each of these months gets a D under it)


This triggered a deeper search of all my credit files and this pattern shows up on them all! Along with other creditors in the BR (mobiles etc).

Now I have read that I have to send off a stern letter to the data controller to have this information corrected. Issues are: 1) as these debts were accrued when I was married (now divorced) I do not have any paperwork to show account numbers etc - how do I get around this? 2) Do you write to the DCA if they are listed or the originator? 3) If the debt was close to being statute barred before BR can I just have it removed as the 6 years would have passed by now?

As an aside (but related) how do I get a financial association removed? I have asked Callcredit to take it off and they refuse, I have tried chasing the bank that made the link and they assure me that there are no joint accounts any more! (divorce related)

Thanks

alan_partridge

the time has finally come for me & the missus to think about buying our first house, so i've been wading my way through all this fantastic info. to make sure my credit file is as good as i can get it before we start applying for mortgages (i declared myself bankrupt in december 2006)..

i have a reasonably up to date (i.e. within 6 months) credit report at home, so i am using that to address problematic/lazy creditors, using the great templates provided here..

however, one thing that worries me - are these actions retrospective? i.e. i have a few creditors that still list me as defaulting/unsatisfied; if i succeed in getting them to change this to "satisfied", will the bankruptcy still be wiped from my account in december 2012 (i.e. 12 months after the official bankruptcy date), or will i have to wait 6 years from the date the correction was made?

i sincerely hope it's the former; i don't think ms. alan partridge can wait 6 years for a house, bless 'er

i have a similar problem to anthonyduk as well, in that one of the creditors appears to be "renewing" my debt every year, despite clearly being declared in the original bankruptcy (fortunately i'm very fastidious in matters such as this, and have kept every scrap of paper relating to the bankruptcy/debt that i have received over the years).. i'm sure they do it just to spite you, as you've written off a load of their money!

sarah1773

Hi
Hope someone can help - I'm trying to tidy up my credit report and on looking at my credit agreements, I need to ask them to change the default dates on a few of them. However, I have moved house since being BR so my credit agreements show my old address. As I will be writing to them, I obviously need to put my new address in case they actually reply. Does this mean they will update my credit agreement to show my new address? If so, will it cause any problems - such as should I then inform every past credit provider of my new address so everything matches?

alan_partridge

sarah1773 wrote: »

Hi
Hope someone can help - I'm trying to tidy up my credit report and on looking at my credit agreements, I need to ask them to change the default dates on a few of them. However, I have moved house since being BR so my credit agreements show my old address. As I will be writing to them, I obviously need to put my new address in case they actually reply. Does this mean they will update my credit agreement to show my new address? If so, will it cause any problems - such as should I then inform every past credit provider of my new address so everything matches?

oh gawd, i never thought of that! i sent off 3 letters last week (hsbc, egg, and british gas), and i never thought about the fact that my bankruptcy order is from a completely different address, hundreds of miles from where i currently live! obviously, i put my current address on all the letters, but i never thought about the fact that a) they might accidentally reply to the bankruptcy address and b) it might affect my ability to get credit by dropping my current address in the poop

i'd love to know the answer to this as well, if anyone knows..