Bankruptcy Credit Reference File Clean Up - Discussion

philnicandevan

99.9% of the time gtanny the discharge note from the OR's office will be enough...its the odd one or two banks etc that can be awkward and ask for the "official" court cert

uptheanti

Hi i had 2 ccjs prior to br. now discharged 2 months and one is showing as active and one is satisfied how do i get the other one to say satisfied they were both in northampton court but only have the dates as ref many thanks

skylight

Morning - need help!
BR in 2008 and still having issues with Lowell.

They are a DCA for a joint debt that was included in my BR. My now ex is not BR so it still liable for the debt.

Lowell are refusing to amend my credit file, are adding defaults on a monthly basis still to my file and refuse to remove the association with my ex - they are still adding confirmations of this association even after our divorce date! They tell me it is because the debt is still live!

The default date is 28/04/2008, 2 months after my BR date and this is due to drop off my file therefore 28/4/2014 next year. I don't need any super credit before then.

Is it worth chasing them again do you think (and what with) or just let it be for the time being and wait until next year for it to drop off? Can they add a new default date for the debt etc?

fermi

They can't add a new default. Once it is gone it is gone.

Joint debts where they are still owed by a non BR are one of those slightly grey areas.

- There is the argument that the CRA record should accurately represent your liability and account history, and as such it should be marked as settled as per your discharge date.

i.e. that anyone checking your report and seeing the unsettled status would wrongly conclude that you still owed and were liable for debt, so the record as it stands is not accurate and sufficient under the DPA.

- There is also the argument that instead it should purely represent the account status and history as a whole, so while it is still owed by one of the joint signatories it would be unfair to mark it as settled.

I would say the first is a fairer interpretation, but I don't recall ever being able to get a clear direction on this sort of circumstance from the ICO etc?

I do seem to recall someone getting things amended a while back, so it may be worth persevering?

If so, then make a formal complaint via both the FOS AND the ICO.

Or if you can't be bothered and just let it fall off next year then I wouldn't blame you.

skylight

Thanks Fermi - I think I'll leave it. I have enough going on at the moment and can ignore this one until next year!

kb2000

Please can somebody help ?

After following the steps in the sticky & having success with every company other than Provident, I complained to the FOS.

I took a call from them today & they say that Prov is correct in refusing to amend my file to the date of my BR & that the date of discharge is the date that should be applied on credit files.

This now has the effect of delaying the cleansing of my file for a whole year ie. 7 years since BR, not 6 :mad:

I couldn't argue the point on the phone because I couldn't lay my hands on any definitive legislation that would back my case so my questions are:

*Is there any specific legislation or recommendation that says credit files should be marked satisfied or partially satisfied with the BR date & not the discharge date ?

*Is there anything I can do or is there any point in escalating my complaint in the event that there is no legal position to support me ?

*Has anyone else found the same but succeeded in the end ?

Thanks in advance for any help & advice offered. :-)

butterbear

Hello All

My DRO finished last March, I've finally got round to looking at my credit file and start the clean up

My question is do I send the same letter that you do if you were made bankrupt?

And do you amend it to say DRO or insolvent instead of bankrupt?

Or if there is a template for DRO clean ups could someone point me to it??

THanks loads in advance x

fermi

Basically, yes. You amend it to suit that fact that you were in a DRO.

Did do some wording a while back, but can't find just this sec.

fermi

Any good ---> http://forums.moneysavingexpert.com/showpost.php?p=44051186&postcount=2

butterbear

Thank You Fermi :beer: