Credit File Post Bankruptcy

fermi

In this case, it is the information I posted here:

http://forums.moneysavingexpert.com/showpost.php?p=65994810&postcount=7

jpw123

Hi Fermi

Had a negative response from mortgage trust - please help!!

see below:
Your account and our submissions to the credit reference agencies have been reviewed and I believe there may be misunderstanding which I would like to explain.

Whilst you were adjudged bankrupt on 25 June 2008 and subsequently discharged on 25 June 2009 the above mortgage trust accounts were not included in your bankruptcy. Mortgage trust appointed a receiver of rent to take control of the properties and only if the receiver decides to sell a property which ultimately leaves an outstanding balance would we register the debt under the bankruptcy order.

The matter has been investigated further with the information Commissioners office, and in accordance with the data protection act, under data protection technical guidance,filing defaults with credit reference agencies, I have copied the following extract from the guidance which explains the process which should be followed:

"Where a credit agreement, is not included in the bankruptcy, then it should be treated separately from the default included ivoluntary arrangements (IVA) or bankruptcy and not be marked with a default.”

We are obliged under the data protection act that the information we supply to the credit agencies must be accurate and up-to-date. We must therefore continue to report your accounts to credit reference agencies while alone is still active.

I hope this letter sufficiently explains the process is followed where an account has not been included in a bankruptcy, but if you would like to discuss the matter further please contact me.

yours sincerely

jpw123

Hi Fermi
The above relates to the 2 mortgage trust accounts with balances - if you remember?
All the other default accounts have now been removed! thanks to you!

fermi

To be expected really, but as previously pointed out the FOS have taken a different view in at least one case.

https://forums.moneysavingexpert.com/discussion/4873346

The house may not be included in the bankruptcy at present, but your legal liability to make payments is covered by the bankruptcy, so arguably they should not be reporting those on your credit report.

I would reply stating that, including a copy of that FOS decision, telling them that if they do not stop reporting payments on your report then you will take the matter to the FOS.

Then if they refuse go to the FOS.

This is one of those circumstances where you can take several views on what is right and wrong, and ultimately the only way to get a form decision on that is to take it to the FOS or to court for a decision.

No guarantee the FOS will come down on your side, but it is worth a go.

jpw123

Hi Fermi
Should i give them reply as you state above and then give them 28 days to reply - and if they don't then go to the FSO?
Thanks

fermi

With the FOS the creditor has 8 weeks to send you a final response letter.

If they send you that before the 8 weeks are up and you are not happy with the response, then you can make the formal complaint to the FOS then without waiting the rest of the 8 weeks.

If after 8 weeks they haven't sent you a final response, then you can take it to the FOS.

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

However, it may be worth talking to the FOS now, because as said in that link they will often be willing to write on your behalf at this stage outlining your complaint to the creditor.

You still have to wait for the 8 weeks or reply before making the complaint to the FOS a formal one, but a letter from the FOS now usually makes creditors sit up and take notice.