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DCA have added new Defaults after discharge

I'm trying to clean my brother's credit file after his BR in Feb 09. He was discharged in Feb 10. Everything was going well with clean-up, just a couple of dates needing to be fixed. However, 3 new Defaults have been added by Hillesden Securities and TTISPC. One I think was a Credit Card with Bank Of Scotland as the balances are exactly the same. The other I don't know. I am writing to the companies.

Firstly, they have his old address. When I write and supply his new address are the companies likely to hassle him?

Secondly, I've played dumb in the letters stating that I don't know what the supposed Defaults are for and for them to supply details. I've also supplied his BR details and discharge letter and that all accounts he had were included within his BR.

Thirdly, I have asked them to completely remove the entries from his credit file rather than mark as settled as they never should have been there in the first place. Is that correct?

Cheers.

Comments

  • sniggings
    sniggings Posts: 5,281 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    if you're asking what they are, I can't see how you can then state they should be removed as they shouldn't be there? least untill you get an answer to your first question.

    I wouldn't give address out,can't do much harm but may just start another load of junk mail.

    I would then follow the good advice in the clean up credit report sticky.
  • They are debts that have been sold on to DCAs. I mean I don't know what company they belonged to. They shouldn't be there as all companies were informed three years ago that he was BR yet these have just appeared. My reasoning is therefore that these should not be on his file as they were included in his BR and should be removed. Is this correct? It's the bank's problem if they incorrectly sold them on.
  • sniggings
    sniggings Posts: 5,281 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    if it was resulting from debt before his BR then they can be there but would have to be marked as satisfied or similar wording to that.

    once a debt has been marked as satisfied it can't be sold on,and will drop of his credit report after the given time,if you know for sure these are the same debts and had been marked but have still been sold then yes asking, for them to be removed is the right course of action.
  • fermi
    fermi Posts: 40,544 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    They can sell the debts on.

    The default for the original creditor should be transferred over into the name of the company that buys it. If the date etc are wrong, then get them corrected as per the normal procedure in the sticky. You just write to the new creditor instead.
    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
  • sniggings
    sniggings Posts: 5,281 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    fermi wrote: »
    They can sell the debts on.

    The default for the original creditor should be transferred over into the name of the company that buys it. If the date etc are wrong, then get them corrected as per the normal procedure in the sticky. You just write to the new creditor instead.


    I was taking my info from the clean up sticky which states it can't be sold on once marked?

    "This is one that is asked periodically, well…..

    Once the accounts are marked as satisfied and the account is correctly closed with the creditor / debt buyer.

    They can’t sell it on to another debt buyer, so you won’t get hassled in the future, with DCA that won’t believe you have been bankrupt – There have been instances f this happening 4 – 5 years after bankruptcy where the files have not been cleaned

    Your CRFs will automatically clean after 6 years from default/settlement date, so you will have a squeaky clean file from then. – There have been MANY instances where former creditors only close the account off several years after your discharge, thus knackering your CRF’s for many many years. In effect creating a very bad CRF for a lot longer than 6 years and in the worst case I have heard off a full 11 years!!!!!

    Your accounts will be marked as settled in the meantime, which ADDS to your credit score

    You will be able to rebuild your life much quicker

    Peace of Mind!!!!"
  • fermi
    fermi Posts: 40,544 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    sniggings wrote: »
    I was taking my info from the clean up sticky which states it can't be sold on once marked?

    That was not written by me originally.

    A more realistic statement would be that debts are much less likely to be sold on if you have forced the creditor to acknowledge the BR by marking the file as satisfied.

    However, even then debts can be sold on for legitimate reasons. Some companies buy up portfolios of debts that are covered by bankruptcies. The idea is that they buy them for next to nothing, and make a profit from the small percentage where they eventfully get a payout from the OR. I think TTISPC is one of those.
    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
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