debt after bankruptcy

louiser123

appologies if this question has been asked but i have trawled through and cant find anything.

both my oh and i were declared br in dec 2001, under the old rules of 5 years as br and then auto discharge in dec 2006.

after we were declared br infact in one instance this year the creditors sold our debt to dcas, and in july 07 these were added to our credit file with default dates of march 2007, how can they do this when these debts were included in br?? and nearly 6 years on they decide to add it to the cra files which now means we have 4 years to go till they drop off, but infact they defaulted before we were made br.


totally confused and cant write to them as it says in the creditor info on the credit file as debt collector and no mention of the company who sold the debt such as barclays so im in the dark. help from anyone would be very much appreciated as without these on my cr file i have a good score!

i feel like i have had a default now for the past 7 years and by the time its off it will be 11!!!!

tigerfeet2006

Companies sell debts on in huge bulk for pennies to pond life DCA's who try it on to see if they can get some back.

Follow the instrustions in the credit file clean up sticky.

http://forums.moneysavingexpert.com/showthread.html?t=677875

louiser123

thanks tiger feet, i thought that but i dont know who to write to, it dosnt give the original creditor name /company and only says debt collector as creditor on the file again no company name. it does say settled though in march 07 so i supose thats something but it should have been settled march 06 when final dividends were paid by trustee and bankrupty funds paid out.

ah well you live and learn its somethin i never want to go thorough again and it was a hard decicion to do it anyway. but we had a super trustee who was infact the one who advised us to go br .

but thank you to all who have given advice.

tigerfeet2006

You need to get your file sorted so it has the correct dates as it can affect all sorts.

I will PM Fermi for you as he is our resident expert and can advise you.

Dez-Titute

louiser123 wrote: »

thanks tiger feet, i thought that but i dont know who to write to, it dosnt give the original creditor name /company and only says debt collector as creditor on the file again no company name. it does say settled though in march 07 so i supose thats something but it should have been settled march 06 when final dividends were paid by trustee and bankrupty funds paid out.

ah well you live and learn its somethin i never want to go thorough again and it was a hard decicion to do it anyway. but we had a super trustee who was infact the one who advised us to go br .

but thank you to all who have given advice.

Give the OR a ring its not your problem

fermi

Firstly why 5 years? As far as I remember the period of bankruptcy under the old system was 3 years?

Even if your AD date was Dec 2006, under the transitional provisions of the Enterprise Act 2002, your AD date should be not later that 1st April 2005. That was so that people under the old system didn't end up being treated unfairly compared to those under the new one.

As for the creditors, I agree with Dez in the first instance. Faced with that, if they have any sense then they will remove the data.

But should that not do any good then:

For each DCA/creditor on the report you would need to write to the "data controller" for them.

You should be able to find out their name/address by searching here:

http://www.ico.gov.uk/ESDWebPages/search.asp

You would then need to write to them with proof of your bankruptcy and demand that the data is removed, and if they won't then you will complain to the Information Commissioner.

You would need to adapt the letter in the link from Tigefeet to reflect that you are demanding that info is removed rather than corrected, but the principle is the same.

Dez-Titute

Thanks Fermi,

Thats what I like to see a little meat on the bones.

Cheers DEz

louiser123

hi fermi,

thanks i will set the ball rolling!! so to speak.

im sorry i do get so confused with the time limits ect as to bankruptcy and all it all seems like a distant past but is still here to haunt!! i have actually had to go look at the paperwork its so long ago.

we were made bankrupt dec 2000, discharged dec 2003, br dropped off file in dec 2006, along with some of the debts which were included in br, the others went in early 2007, perfect cf for a couple of months till the two defaults i mention were then added. by the dreaded debt collector person!! they were added and classed as settled on the same date, but there is no default date on either of them!

thanks so much for help

louiser123

update,

just need a little more advice please, i am so grateful in advance
ok just found out both defaults were registered by a company called max recovery.

one was for barclaycard the other was for hsbc.
do i write to max recovery or the original companys.

and i am asking them to remove them arnt i, as br was declared on dec 00 and discharged dec 03, just making sure.

louise