should i be worried?

Brock_and_Roll

I am fascinated that a solicitor would advise a client to answer negatively the question "Have you EVER been made bankrupt?" on the grounds that it is 10+ years ago.....

It won't affect the OP in this case but one day I guess this will be tested in court and I am pretty certain what the outcome will be!

betmunch

shouldibeconcerened wrote: »

I did ask my solicitor about this earlier this week and he also advised to say no as the bankruptcy was 10+years ago.

personally I am shocked at this, I thought the solicitors were to perform a bankruptcy check near exchange/completion which would show up any bankruptcy.

If the question was have you EVER been made bankrupt, you should have answered yes, I dont even know why you needed to check with the solicitor, and have even less idea why he said to answer no!

One things for sure, this could become an interesting thread, please keep us updated

kingstreet

Same here.

I have especially kept a copy of the Halifax email advising us to enter "no" to the "have you ever?" question, if it's six years post-discharge.

As I've mentioned previously on another thread, the question on Halifax online asks;-

"Has any applicant ever been declared bankrupt or made an Individual Voluntary Agreement (IVA) with creditors? Yes/No"

but when it populates the application summary you download as a pdf after submission, it reads;-

"Have any applicant(s) ever been declared bankrupt or made arrangements with creditors?"

which is a slightly different question. But the big issue for me is the six year thing. If they want anything over six years old excluded, why not just ask, "In the last six years, have you...?"

betmunch

kingstreet wrote: »

I have especially kept a copy of the Halifax email advising us to enter "no" to the "have you ever?" question, if it's six years post-discharge.

We were told to say yes and it would be ignored with the decision being based solely on the credit score from their current credit file.

But to put no, and later be found out it should have been a yes would mean a failed application.

kingstreet

betmunch wrote: »

We were told to say yes and it would be ignored with the decision being based solely on the credit score from their current credit file.

But to put no, and later be found out it should have been a yes would mean a failed application.

The email was on 19/9/13 at 15:18 and reads;-

Additional information

Bankruptcy/CCJ/arrears questions/Insufficient Experian

As part of the submission process you're asked if the customer has ever been declared bankrupt. This should only be answered 'yes' if it's happened within the last six years. This six year rule should also be applied to the other questions about CCJ's and arrears.

Brock_and_Roll

kingstreet wrote: »

The email was on 19/9/13 at 15:18 and reads;-

Fascinating! Presumably people who apply direct do not get this additonal information.

As a banker I am perhaps thinking that there is a lack of joined up thinking at the bank between the credit underwriters and the legal department i.e. the credit people are happy to disregard a bankruptcy if > 6 years ago but I would imagine that the lawyers that drafted the wording of the application form would be horrified at they thought that their straight "EVER" question could be taken to be read as time-dependent.

betmunch

kingstreet wrote: »

The email was on 19/9/13 at 15:18 and reads;-

I have that one, and I have now marked it as important and saved it!

My info was from the rep when they first added the questions so I guess this is the most up to date.

gunsandbanjos

betmunch wrote: »

We were told to say yes and it would be ignored with the decision being based solely on the credit score from their current credit file.

But to put no, and later be found out it should have been a yes would mean a failed application.

It wouldn't just mean a failed application, it would generally mean your application would be marked as fraudulent also which would make any further applications harder.

shouldibeconcerened

update.

just to let you know I got my full offer yesterday.
at no time was I asked if I was ever bankrupt.
the only question I was asked was have you missed any payments in the last 12 months

move in on friday:j