DRO over a year but debts still remain

anti_nowhere_punk

My wife and I were both given DRO's in july 2013 and ever since have had peace from our creditors so thats been great, however as it was over a year I thought the debts should have been written off, so I took out a subscription to a credit agency so I could keep an eye on my credit history. All of the debts on the DRO are all still showing as unsettled and owing, only one has been written off

My wife had a phone call from national debt line asking her to take a survey because her DRO finished in July but nobody has contacted me and I dont know whats going on now??

Anybody have any advice or information on how this works please??

moohound

Are they attempting to pursue you for the debt?

anti_nowhere_punk

No Ive had no contact from any of the creditors, and my equifax report says the DRO was satisfied in June of this year, but all but one of the debts covered by the DRO are still listed and showing as in default. Most dont seem to have been updated since July 2013.

We have just checked my wifes credit report similarly to mine most of her debts are showing as still owing but she has two court orders now showing as satisfied, I however have a court order, also included on the DRO NOT showing as satisfied! But stranger still the debt it relates to is not showing on my equifax report along with a least two other debts that were on my DRO???

fermi

To each creditor with credit account not showing as satisfied.

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 subject to a Debt Relief Order which commenced on <Date of your DRO> and subsequently discharged on <Date of Discharge>, and <name of creditor> was included within the DRO.

For your convenience I have attached <whatever evidence you have of the DRO and it's completion>.

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 required that you record a default on the account, and that the default entry must be no later than <Date of your DRO>, in accordance with the Data Protection Act.

• It is required 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.

Please note that if this account falls within the remit of the FOS, I will also be submitting a separate complaint to them regarding this matter if the Credit Reference Files are not correctly updated.

Yours faithfully

fermi

Note that the above does not apply to CCJs as they have separate rules. You can't have those marked as satisfied unless they were actually paid in full.

As long as the judgement date was before your DRO date they don't matter anyway...

anti_nowhere_punk

Thank you.

My wife had two CCJ's issued before the DRO and they are both shown as satisfied on the date the DRO completed, but mine doesnt, the debt it covers was on the DRO but not as a CCJ as they only went to court after I had applied and during the procedures to get the DRO. The actual debt itself does not show up on equifax is there any reason why some of the debts are not on the credit report?

longtermplanner

the debt it covers was on the DRO but not as a CCJ as they only went to court after I had applied and during the procedures to get the DRO.

If the CCJ was issued after your DRO date, then you can apply to the court to get it set aside - you need form N244 see https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Default.aspx for details.

However from what you have said, there can only be a few weeks between the DRO date and the CCJ date so it's hardly worth the bother and the expense to do this as the CCJ will fall off your credit record very soon after the DRO.