Disharged B/R - Need help with CRA's please

sugarbabe-47

Hi All
Long story cut short- I was declared B/R in Nov 2008-disharged in 2009. However I am being persued by numerous debts that were included in my B/R,one was a bank account that I was requested to surrender at the time (cards cut up etc sent to O/R as requested).I am STILL being hassled with threatening letters and am so worried again, I was terrified of going B/R at my age. I live alone and this is making me ill again.
I have requested my credit files and have today received one. It has numerous *traces* on it from companies that were included in my B/R. Why is this happening and how do I go about sorting my credit files out. To be honest I simply DO NOT understand my credit file. It appears to have defaults all over the place and umpteen traces - EVEN after my B/R Discharge Date?? by companies on my B/R??
I am soooooo confused by this and would please like some help. I don't have anyone to turn to for help.
This site helped me enormously while I was going through my B/R. (A BIG Thank You)
Sorry if this is long winded but I really would appreciate any help with this as I do not have a clue what to do next??
Thanks for reading.
Sugar x x x

NittyGritty

only thing i can suggest is to give CCCS helpline a ring, they are prob the best people to go for advice, they should be able to put you in the right direction , hope it works out for you,

philnicandamy

try this first...


https://forums.moneysavingexpert.com/discussion/677875

sugarbabe-47

Hi philnicandamy -thank you for the info...but I am struggling to understand my credit file...do I have to write to ALL debts included in my B/R or write to Equifax direct?? on the majority of entries all defaults are showing balances outstanding...I just do not understand why?? This is totally confusing me - Equifax have got my name wrong firstly, and also bank account details wrong,saying I have a current account?? I haven't, however I do have a BASIC co-op bank account that I had to open in 2008?? All this is very very confusing.
Sugar x x

MicheH

Hi, the Coop sell their Cashminder account as the Cashminder current account. http://www.co-operativebank.co.uk/servlet/Satellite/1193206368743,CFSweb/Page/Bank-CurrentAccounts I wouldn't worry about that bit. Sorry i cant help you with the rest, i've still got the clean up to look forward to.

sugarbabe-47

Hi MicheH.
Yes I have calmed down a bit now and realised that about the bank, but this clean up lark is very,very confusing.. I am not thick, just confused and blinded with all the legal jargon and letters on here!! Its just so upsetting after years & years of struggling to have to go B/R and then still have people chasing you for money - well its frightening really. I was told basically if I went B/R the worry would finally be over, but its not is it? Its a struggle every step of the way. I am at the wrong side of 40ish *cough cough* to be going through all this. It is taking over my enjoyment of life. Now I have to read,learn and understand!!! Phew...rant over and thank you for your help, much appreciated

fermi

sugarbabe-47 wrote: »

Hi philnicandamy -thank you for the info...but I am struggling to understand my credit file...do I have to write to ALL debts included in my B/R or write to Equifax direct??

Write directly to each creditor that has a default listed with an outstanding balance.

Use the letter here: https://forums.moneysavingexpert.com/discussion/677875

That should force them to recognise your BR and correct your file.

You can also ask Equifax to dispute the accounts that aren't settled. That can hurry things along. But the advantage of writing direct to each creditor is that they must then update the reports with Experian and Callcredit as well. One letter/dispute rather than 3.

If you have any people chasing you that aren't on your credit file, for example debt collectors who the debt has been passed to, then you can write to them with the letter in the next post.

fermi

Letter to debt collectors etc that are just hassling you.

Your Address

Date:

Creditors Address.


NOTICE: Pursuit of a debt included in a bankruptcy. Do not ignore this letter. You must cease collection activity IMMEDIATELY.

Dear Sir/Madam

Account No: 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

I would point out that the account was included in my bankruptcy which commenced on <date>.

Consequently, the debt in question is no longer my legal responsibility.

ALL contacts and claims regarding the debt MUST be addressed to the Official Receiver's Office dealing with the case.

My case was XXX of 200X, at <somewhere> County Court, and the address of the Official Receiver is below.

<Address of the OR.>

A copy of the bankruptcy order is enclosed for your convenience.

Please note that the Official Receiver has requested that all future contact from your company regarding these accounts is reported and forwarded to themselves, and that continued contact with myself may result in Official Receiver taking enforcement actions against your organisation.

Please also note that we are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when the debt is not due.

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

In addition, your continued telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office.

This type of debt collection method is contrary to the Consumer Protection from Unfair Trading Regulations 2008, in that it is intended to cause alarm and distress to the recipient.

Your methods will not be tolerated.

A formal complaint will be submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

We await your written confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully





Mr A N Other

fermi

Of course, if you need to, then you can combine all or parts of both letters.

For example, if you have a creditor who is both on your report as not settled AND who is really hassling you.

It will get sorted.

sugarbabe-47

Hiya FERMI
I was SO glad when you answered me...You helped me through my B/R and I was so hoping you would read my plea! Thank you very much. I am too tired to write tonight, I have been reading all day to try and find out what to do. You are a fantastic help.
Sugar x x
p.s no doubt I will be picking your brains again...you are a genius!

sugarbabe-47

Hi all - I hope Fermie reads this!
Anyway update..I have sent all the letters off to all creditors (recorded delivery of course) on 13th September 2010. However I have had Santander writing back and telling me that I NEED to send ALL 3 CRA's details of my B/R??? All 3 CRA's have details of my B/R and discharge date etc. What I would like to know is :

1) Why am I being passed from pillar to post with this account with Santander (was abbey bank at the time of my B/R)?
2) Why are the CRA's not very helpful - they keep passing me about all over the place??
3) How do I get a debt that is listed TWICE OFF my credit file? Vanquis and Cabot are for the same debt, proven in my B/R!! I wrote to explain this to the CRA but they say I have to write to the DCA's??

I have written as instructed on here (using Fermies Letters, but seem to be getting nowhere???)

4) I have just sent off today for my Credit Files to see if they are ALL updated - 13/09/10 to 03/11/10 is more than a fair waiting period I think.
Hopefully my files will be amended and correct information showing?? If not what do I do next???

Please could someone advise me on the 4 questions above? Many many thanks

Sugarbabe x