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credit File Clean Up

Is this right? Cut and paste all this into word, alter the bits re BR date etc and send to all former creditors recorded delivery and keep a copy?

Your Address
Goes Here


Data Control Officer
This Creditor
Data Controller Address


Dear Sirs

Re: Account Number xxxxxxxxxxx

After consultation with both the Information Commissioner and the Credit Reference Agencies, I am writing directly to you to request that you formally update my credit files in accordance with the Data Protection Act.

I was declared bankrupt on <Date of your bankruptcy>and subsequently discharged on <Date of Discharge>, and <name of creditor> was included within the Bankruptcy. For your convenience I have attached both my bankruptcy Order and Discharge Notification.

Currently the information that you have recorded against my name with the Credit Reference Agencies is factually incorrect, and despite several written requests to your customer services , as yet your company has failed to correct the entries as required.

• It is requested that if you intend to default the account, the default entry must be <Date if your bankruptcy>, in accordance with the Data Protection Act.

• It is requested that you mark the account in some way as to indicate that it is settled or satisfied, in accordance with the Data Protection Act.

• If you have sold the debt on, according to the Information Commissioner, you are still liable to ensure that both you and the new holder are aware and that as the originator of the information it is your responsibility to ensure that it is corrected.

The Information Commissioner has indicated that I should allow you 28 calendar days from the date you receive this letter to comply, during this time you are requested either to update the Credit Reference Files correctly (of all three Credit Reference Agencies) or notify me in writing the reasons that you refuse to.

After the 28 days have elapsed the Information Commissioner has requested that I inform them if your company fails to update the records so that they may take any necessary enforcement action against your company.

I have copied the relevant information provided by the Information Commissioner as an attachment to this request.

Yours faithfully



Fred Bloggs

Enc:

Bankruptcy Order
Discharge Notification




Relevant Extracts from Bankruptcy - frequently asked questions – 18/06/07 issued by the ICO

Frequently Asked Questions - Bankruptcy

I’ve noticed that an account that was included in my bankruptcy is marked in default later than my bankruptcy. Can I do anything to change it?

Sometimes a lender will not know the exact date you were made bankrupt. This may mean that when the lender registers a default with the credit reference agencies, the date on the default is later than the date on your Bankruptcy Order.

If a particular debt is included in the Statement of Affairs at the time of the bankruptcy, you can ask the lender to change the date of the default to the date on your Bankruptcy Order. To do this, you should write to the lender and ask them to change the default date to the date of the Bankruptcy Order.

Remember to send the lender a copy of your Bankruptcy Order or other documentation which confirms the date you were declared bankrupt.

If the lender refuses to change the date of the default then you can contact us using the enquiry form on our website (www.ico.gov.uk). You will need to send us:

a copy of the Bankruptcy Order or document that confirms the date you were made bankrupt;
proof that the debt in question was included in your bankruptcy;
and a copy of the lender’s letter which says it won’t change the date of the default.

What happens to the defaulted accounts on my credit reference file?

After you have been discharged from your bankruptcy you can send proof of your discharge to all the lenders included on your Statement of Affairs.

The lenders whose debts were included in your bankruptcy should then mark the entry on your credit reference file to show that you no longer owe money on that account (perhaps by marking the entry as 'partially satisfied’ or ‘partially settled’ or in some other way).

Once the lender has changed the information on the entry, if you make any new credit applications the prospective lender will be able to see that you do not owe any more money on that account.

Finally, if you wish, you can ask the credit reference agency to add a statement called a ‘Notice of Correction’ to the default entry. In your statement, you can explain that the entry was included in your bankruptcy which is now discharged.

If the lender refuses to change the date of the default or mark it as ‘satisfied’ or ‘settled’ or to indicate in another way that you have fulfilled your obligations to that lender then you can write to us at: Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Yep. :)

    Have you go any confirmation of your discharge to make a copy of and send?

    Your OR should be able to write a letter confirming it. They will most of the time.

    You need to include a copy the the BR order and confirmation of discharge date with the letter above.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • smiales
    smiales Posts: 212 Forumite
    Part of the Furniture Combo Breaker
    We haven't had the discharge letters as yet, just preparing! Should I chase the OR up or does it normally take a while?
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    smiales wrote: »
    We haven't had the discharge letters as yet, just preparing! Should I chase the OR up or does it normally take a while?

    You normally only get a letter if you get ED.

    They don't normally seem to bother with one for AD, so it would be best to request one.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • smiales
    smiales Posts: 212 Forumite
    Part of the Furniture Combo Breaker
    fermi wrote: »
    You normally only get a letter if you get ED.

    They don't normally seem to bother with one for AD, so it would be best to request one.

    Oh god, it could be years before they get back to us seeing as we aren't their favourite people!
  • Hi,

    I had an AD and i had to pay the court i went bankrupt in £60 to get my certificate as my OR said they dont send them out with AD only ED
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Several people here have managed to get their OR to write a letter confirming their discharge (Richard_S for one I think).

    So that is worth a try.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • I just rang my OR and they just sent me a letter of discharge which i used didnt cost me anything so worth a phone call ! paula x
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