Max Recovery and Bankruptcy/credit file questions

Firebeeuk

Hello,

I have a few questions to ask I need advice on before I act further.

My situation;
Bankrupt on Jan 2006 and discharged a year later but left with a very bad credit file. I have tried to rebuild this and did learn from being bankrupt and very savvy with my finances now but have lots of errors on my CRA reports.

When I was originally bankrupt it was at my previous address nearly 4 years ago and had defaults registered there.

Having checked my report recently I notice that all my debts bar one was transfered/bought(?) by a company called Max Recovery. The debts are listed as me still in default and debted to Max Recovery for several thousand pounds and at my new address even though I have not defaulted on anything since living at my new address.

A few questions obviously come to mind.

Q1. If the debt was bought by another company do they have the right to register any default at my new address ?
Q2. Do they have a legal agreement/contract enforcing the debt onto me even though all debts was wiped during my bankruptcy ?
Q3. Can I legally demand an original agreement/statements from them ?

I ask question 3 because I sent them this letter asking them to provide this information;

Re: - You’re Reference Number. xxxxxx

Dear Sir/Madam

I have contacted you previously about four entries you have on my credit report. Enclosed is a copy of the credit report entries for you to look at. In these entries you state that I am in debt to you for the total sum of £ xxxxx.

I do not recognize any debt to you and therefore require you to supply me the following information in accordance to the Consumer Credit Act 1974.

1. A true copy of the alleged agreements between us for the debts you refer to.
2. A statement of accounts for all the agreements relating to the debts.

Enclosed is a £1 postal order for the statutory fee.

You are obliged to provide these documents whether you are the creditor or not and non-compliance of my request is an offence under the above mentioned Act and will result in a report being submitted to the relevant statutory authorities.

I further request that if no agreements with your company exist between us you contact all credit reference agencies you have placed incorrect information on and request they update their records.

I trust you will perform the required actions as required.

If no agreements exist between us and no action is taken to right my credit files then I will take that as a tacit agreement you accept my levy of 3 x the total debt (3x£xxxxx) once for your errors, £20 for all further instances of communication to you and £10 for each credit check performed by me.

Yours Faithfully

xxxxxxxx

and this was there reply.

Dear Mr xxxx

Thank you for your recent enquiry.

With reference to your correspondence to Max Recovery, Eversheds is the service provider of accounts purchased by Max Recovery and our client has asked us to respond on their behalf.

We note your request for a copy of the credit agreements between you and the original creditors pursuant to section 77 and/or section 78 of the Consumer Credit Act 1974("CCA 74").

As a bankruptcy order has been made against you, your debts were then dealt with by your trustee in bankruptcy and any rights to make a section 77 or section 78 CCA 74 request has passed to your trustee in bankruptcy pursuant to sections 283, 306 and 436 of the Insolvency Act 1986 and section 189 CCA 74. Max is therefore not obliged to send a copy of the agreements to you or a statement of account.

I can confirm I have updated our system to reflect that you have been discharged from your Bankruptcy.

I have now taken steps to amend the accounts on your credit file that are owned by Max Recovery. Experian and Equifax have both been contacted regarding this issue. Please allow 7 days for any changes to be implemented.

We apologise for the inconvenience.

If you have any further queries please do not hesitate to contact this office.

Yours sincerely.

Eversheds LLP

Q4. After waiting 7 working days nothing has been updated on any credit file, could I ask for proof of there actions or enforce my levy?
Q5. I have looked into the Insolvency Act but can not see how this can prevent them from disclosing the information to me??

Any help or guidance in the right direction would be much appreciated.

Thanks in advance

DC

fiveyearplan

Look at the Credit Reference Clean up sticky on the first page of this forum, it gives a detailed explanation on how to deal with this.

Firebeeuk

Thanks for the info.

Having checked my record again this morning the CRA's have updated things. They have changed a few things.

1. Default Date has been wiped out and is now blank.
2. Balance has been changed to zero
2. Date Satisfied has been changed to the date of my bankruptcy order.
3. Payment history/status has been marked as settled.

In all it was a good start and only took 2 week but there is one issue still bugging me from this or no doubt any company that buys debts.

q. I go bankrupt at address A and then move to address B. Has the company who buys my debts registered in the order against me at address A on my credit file permisson to update these debts and transfer the defaults over onto address B ?

I say this because this action did add 5 new accounts and defaults against my name to address B.

Thanks

DC