santander debt

stezario2

this is noted on my credit report as 'defaulted' and i asked experian to take it off as i predated the bankruptcy, but santander want me to contact their collections department. Is this normal? will they require me to pay off the debt?

also, my ex-wife seem's to've applied for a credit card, in my name, 18 months ago, which has linked me to her mother's address. is there anyway of stopping her doing this? or, as we're still married, can she just apply for anything in my name?

ta.

IF

Hi stezario2, Have you any proof of your discharge......copy off the IS register/OR letter or the Certificate of discharge?

If you have then send a copy to Santander:

Santander C&R Complaints
Collections & Recoveries
Risk
Santander House (AAM207)
210 Grafton Gate East
Milton Keynes
MK9 1AN

With this letter that Fermi has written, which is the one on the Clean up credit file sticky :

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 no later than <Date of 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.

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 - A Guider for the Public – 2010 issued by the ICO

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 bankruptcy, you can write to the lender to ask them to change the date of the default to the date on your 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 we may be able to help. You will need to send us:
a copy of the bankruptcy order of document that confirms the date you were made bankrupt; and
a copy of the lender’s letter which says it won’t change the date of the default.
What happens to 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 whose debts were included in your bankruptcy. Those lenders 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.

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. More information about ‘Notices of Correction’ can be found in Credit Explained.

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.

Regarding your wife, she shouldn't be doing this!! You need to sort out a notice disassociation but I'm not 100% sure how you do this so will leave it up to another poster.

Best wishes
If...x

IF

Me again!! Found this by our marvellous Fermi :beer:

fermi wrote: »

Disassociation:

Experian: http://www.experian.co.uk/contactforms/consumer_onlinedisassociation.html

Equifax: Follow the steps in the FAQ here under "Tell me about Financial Associates/Alias" https://equifaxuk.custhelp.com/app/answers/detail/a_id/569

stezario2

that's great,ifwisheswerehorses, thank you so much