bankruptcy

chrissina

hi there,my husband and i will have been bankrupt 6 years in november this year.neither of us can get any loans or credit cards still and it is a constant stuggle to pay for day to day living even though we both work full time!Having checked my credit score the mortgage company and loan that was included in the bankruptcy are still putting defaults on my credit file every month to this day...should they be doing this?we were discharged 12mths after the bankruptcy in 2007.How do i resolve this and does our whole credit file get wiped after 6 yrs or do we have to do this ourselves?we have been renting for the last 6 yrs and paid every rent/bill/council tax on time...can anyone help with advice as i just dont know where to start with getting my credit score back on track

Keeping_Positive

Have a look at one of the stickies at the top of the board about credit file clean up. From what I've read the companie should amend the default date to your discharge date so should drop off your file 6 years post that. Good Luck

chrissina

ok will have a read and try to figure it out,its all very confusing! thanks

Keeping_Positive

How are you getting on with this?

skintandfat

The stuff will disappear from your credit file 6 years from the date of default.

chrissina

Thanks for your replys!i will have to get in touch with experian i think and find out why the defaults are still on every month up to now,the six years are nearly up so i was hoping i would have a clean credit file,i hope that it doesnt last another six because they havnt wiped it off !after reading advice on here i might have to write to the companys that are still defaulting me...:wall:

scorpioyorks

Hi, they are not allowed to do this. If you search on here for clean up after bankruptcy there is a letter template you can use. I am in the same position to you. I checked my credit score and saw that a lender included in my br was still defaulting in 2013 when I was declared br in 2011.

I have written to the cc company and they have successfully amended the default date and am pursuing another company who are being difficult, but I will have to contact the ic about them as I have written to them twice with no response

It is a breach of the date protection act and you need to write to the company involved. Hope this helps. The letter to send is as follows:

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 if 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