Help bankruptcy query

jackirabbit

Hi all

Sorry am new to this and looking for advice if anyone can assist!!

Unfortunately due to circumstances I had to make myself bankrupt in May 2011.

I have recently started to try to repair my credit files, most creditors have now added default dates. However Home Retail Card Group (Argos) are showing my debt as delinquent. I asked Experian to take this up with them as this debt was included in bankruptcy. They then got back to them to advise I would need to contact them direct.

I have wrote to them and included my bankruptcy discharge, however have not received any response and they have not updated my credit file as I requested.

This is obviously affecting my credit score as it is showing I'm over my authorised limit and have late payments being added every month for 72+months, as this account is still showing as active there is no chance of it coming off my credit file!!

Any suggestions on where to go next with this?

Thanks

banksshouldworry

Take a look at the sticky on cleaning up your credit files for tips on what to do:

https://forums.moneysavingexpert.com/discussion/677875

Hope that helps

-banksshouldworry

jackirabbit

Thanks will do

fermi

A reminder as below may help

FINAL REMINDER.

NOTICE - LETTER BEFORE ACTION – BREACH OF THE DATA PROTECTION ACT BY CREDITOR.

Dear Sir/Madam,

I refer to my letter dated xx/xx/20xx and received at the registered address of your Data Controller on xx/xx20xx. Proof of your receipt of this is attached.

In my letter I required you to correct the information on my Credit Reference Files in accordance with the Data Protection Act and the guidance issued by the Information Commissioner.

I was declared bankrupt on xx/xx/20xx and subsequently discharged on xx/xx/20xx, and an account held with CREDITOR at the time was covered by this bankruptcy.

Namely:

Details of account(s)

For your convenience I also included with my initial letter:

List of documents you included.

I required that you:

- Mark these accounts in some way to indicate that these accounts are settled or satisfied.

- Mark the account as a default, with the default entry to be no later than <Date if your bankruptcy>, in accordance with the Data Protection Act and ICO requirements.

You had 28 days to correct this information.

You have so far failed to comply with this request and your obligations under the Data Protection Act.

Therefore I wish to remind you of your obligations and give you a final chance to correct the information.

You have 28 days from receipt of this letter to do so.

Should you fail to make the corrections required, further formal action will be taken, and a complaint registered with the Information Commissioner and Financial Ombudsman Service.

I would appreciate your due diligence in this matter.

Yours faithfully

fermi

Then if ignored you go to both the ICO and FOS.

You could also ask the FOS to write to them now, as they will often do this for you at this stage, even if they can't take it on as a formal case yet.

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

If you’d like us to contact them for you, just get in touch.

jackirabbit

Thank you so much will try and this next, much appreciated

jackirabbit

Hi Fermi

Sorry just looking for another bit of advice my original letter was not posted recorded delivery, would I be best repeating the initial process so that I have evidence if I need to go to Iso.

Thanks again
Jackie:)

fermi

I think I would still send it as a reminder on the original as above, but perhaps include copies of any docs as before "for their convenience". That way, depending on any reply, if any, you can decide then how to proceed from there.

jackirabbit

Just to advise before I completed second letter to creditor they have now closed the account marking as partial settled, still await letter. However have marked it as closed 10/10/15 rather than May 2011 date of bankruptcy order...never ending saga.

Just thought I would update on latest

Jackie