Bankruptcy & Defaults

scouseman

Hi All

Only 15th July 2008 I was declared bankrupt and obviously as a result I stopped paying my creditors. The problem I having is with Littlewoods (Shop Direct Finance Company). Up until the date of my bankruptcy my repayments were all up to date, after I was declared bankrupt I stopped paying them. When I was discharged from my bankruptcy I optained a copy of my credit file in order to check it was up to date and correct. What I noticed was that Littlewoods had added to my credit file 5 missed payments for the 5 following months after I was declared bankrupt and on the 6th month after I was declared bankrupt a default.

Using the template letter in this forum I contacted the data controller of Littlewoods and asked them to remove the default and missed payments and mark my account as settled, this letter was send recorded mail 3 months ago. I received no correspondences from Littlewoods so decided to get another copy of my credit file before contacting the Information Commissioner. Today I received my credit file from Experian and to my horror I have found that the have moved my default to 15th July 2008 and marked to status history as 8 and marked it satisfied.

Surely this is illegal how can they mark my account with a default when the account was upto date on this date. Does anybody know if they can do this?

Any advice would be most appreciated as I now do not know were I stand.

Many Thanks
Mark

fiveyearplan

The default date should be no later than your BR date.

scouseman

fiveyearplan wrote: »

The default date should be no later than your BR date.

Hi Thanks for your response, I understand that the default can be no later than the BR
date, but can the company change the original default date from Dec 2008 to July 2008 which is what they now state? On the date they now specify as my default date I had missed no payments.

Thanks again

Scouseman

fermi

Yes. Declaring yourself BR is certainly a default by anyone's definition.

scouseman

fermi wrote: »

Yes. Declaring yourself BR is certainly a default by anyone's definition.

Hi fermi

I agree with you 100% that declaring yourself BR is certianly a default by anyone's definition. but surely they cannot just change the date a default was issued by 6 months just the suit there own requirements.
By law, proper official payment must be issued when a default is served against any default.
Anybody know how this stands legal wise?
Cheers
Mark

fermi

Perfectly fine for them to do that.

It's your information - Bankruptcy FAQs

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.

By correcting the date they are simply fulfilling their duty to ensure that the data they record is accurate.

Bankruptcy is one of those circumstances where the ICO is of the opinion that a notice of the intention to file the default is not necessary.

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

It may not be necessary to serve a notice on all occasions. We accept there are cases when there should be no doubt over a default, for example, cases:

• involving fraud;
• where the lender has been notified under the terms of a bankruptcy or IVA;
• where there has been successful court action or repossession; or
• where a customer has made no attempt to resolve their arrears.

scouseman

Hi Fermi,

Thanks for the advise & information.

Cheers

Mark

fermi wrote: »

Perfectly fine for them to do that.

It's your information - Bankruptcy FAQs



By correcting the date they are simply fulfilling their duty to ensure that data they record is accurate.

Bankruptcy is one of those circumstances where the ICO is of the opinion that a notice of the intention to file the default is not necessary.

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

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fermi

The default being dated earlier is better for you anyway.

It will drop off the files sooner that way.