Bankruptcy Credit Reference File Clean Up - Discussion

fermi

Ones that don't say settled should be corrected so that they do.

The debt assigned to CAIS member mean the debt has been sold on, and you should keep an eye out for a new entry appearing in the name of whoever bought the debt.

kutiez2005

Wow, thanks for quick response Fermi! I remember having help from you when I was actually going through the BR itself!

The assigned debt makes sense now as I have Capquest showing an outstanding balance of roughly the same on both main credit files.

I have 3 creditors on experian that do say "settled" but still seem to be updating with monthly [8]'s even though the balance is 0. Is that ok or should I be doing something about it?

Thanks in advance again

fermi

The update doesn't matter as long as it is settled.

Capquest needs to be sorted though from the sound of that.

AndyBSG

Can anyone explain to me how accounts should appear on my account after BR?

Nearly every account I had was marked as 'Settled' with a date which was the same as my BR date apart from HSBC who have marked it as 'Default' and with a date after my BR.

I've tried to get them to update this by writing and calling several times and just been given the run around or promises it would be sorted which never come to fruition.

I'm now going to send the template letter to the data controller telling them to change the date so it is no later than my BR but should I also be asking them to change the status from default to satisfactory?

EDIT: the 'current balance' is marked as 'satisfied', just the status which is default instead of satisfactory

TheGardener

bumpitybump.....

butterbear

Me again

I have had a response from Halifax regarding my clean up letter, I had a DRO that finished March 2012.

In the response they say :-

'In order to update your file please forward a copy of your bankruptcy discharge/IVA completion certificate'

Now I don't have these. In the original letter I sent I included a copy of my DRO and a copy from the Individual Insolvency Register that I printed off on completion of the DRO, this clearly shows that the moratorium period finished on March 12th.

I feel this is a delaying tactic on their behalf however I'm unsure what to do next. Do I write back pointing this out or go straight to the next step or raising a complaint? or both?

Any advice would be gratefully received :0)

Thanks in advance x

fermi

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 to your Data Controller on xx/xx20xx.

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 entered a Debt Relief Order on xx/xx/20xx and subsequently completed the moratorium period on xx/xx/20xx, and an account held with CREDITOR at the time was included in the DRO.

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 DRO>, 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.


I note that you have requested a copy of the completion certificate for the IVA or bankruptcy.

I would point out that a completion certificate is not issued in a debt relief order.

I have however provided proof that the moratorium period was completed.

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

No further attempt to avoid or delay complying will be tolerated.

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

Should you fail to make the corrections required, further formal action may be 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.

butterbear

WOW thank you Fermi x x x x

Lightattheend

The 3 letters I sent to the various different addresses for the Halifax were all signed for on the 4th or 5th of September but I have heard nothing since, should I have had some sort of acknowledgement by now (3 weeks later)?

Thanks

philnicandevan

Lightattheend wrote: »

The 3 letters I sent to the various different addresses for the Halifax were all signed for on the 4th or 5th of September but I have heard nothing since, should I have had some sort of acknowledgement by now (3 weeks later)?

Thanks

depends on the creditor really...some wont bother responding at all

hence why sometimes it's better to have a gander at your credit file again at a later date...barclays did the same with me never acknowledged my paperwork but had sorted a couple of things on my file when checked!:cool: