Credit Ref Clean up 6 years on

sizzler

Good Afternoon friends old and new,

Some help required please.
Background went BR Oct 2009. Discharged 2010. Did full file clean up as per advice on here. Went on Experian yesterday to check if BR had come off and yep its gone but I have Four accounts unsatisfied can I ask advice on each one seperately.

1. First account Capital Bank, Default, Date 30/4/2010
I presume this is straight forward letter to data controller?

2 Barclaycard and MBNA these were both marked satisfactory when I cleaned up my accounts in 2010. They have now reappeared with same names and marked default and the amounts outstanding. But have a note saying Debts Assigned to CAIS memeber.
Any help here please?

3. HSBC Voluntary house repo done in 2014. House now sold and had shortfall of £30k this is showing as Mortgage and outstanding.
Is this letter to Data Controller as it is now unsecured?

My last question is when i clear these issue will they drop of report as they are all over 6 years since my BR.

I appreciate any help,

Many Thanks

Sizz:j:j:j:j

fermi

Hi sizzler. Good to hear from you.

1. Yes, default date must be backdated to your BR date or before.

2. Same as 1. Should be marked satisfied as well, but won't matter if default date is set to your BR date as will disappear anyway.

3. Must be marked as satisfied and default date backdated to your BR date. Mortgage lenders are awkward about that, so make take some sorting and argument.

Yes, if default dates of all are set to your BR date they will all vanish from your reports.

sizzler

Thanks Fermi for quick respone:)

ref number 2 do i resend to Barclaycard and MBNA or do i need to find where they have been re assigned?

Thanks:j

fermi

Goes to whoever has that wrong record in their name. If that is still MBNA or BC name on that, then to them.

sizzler

Thanks:beer:

just stuck on one Capital Bank? done 2 searches for data controller address unsure if its GE capital Bank or bank of Scotland any help would be fab

:j

fermi

On your Experian file it should giving list of trading names and addresses for the creditors, somewhere even if not on the main entry part. From that you may be able to tell.

xHannahx

sizzler wrote: »

Thanks:beer:

just stuck on one Capital Bank? done 2 searches for data controller address unsure if its GE capital Bank or bank of Scotland any help would be fab

:j

Ge capital bank's credit cards and retail finance was sold to Santander in 2009. Santander has since sold most of these accounts on again.

Mortgage default date should be date of repo, although some backdate it and some don't, clarify with the data controller as correct process is unclear.

fermi

Also useful.

http://debtcamel.co.uk/credit-file-after-bankruptcy/

the situation with a secured debt such as a mortgage is slightly more complicated.

• If you carry on paying your mortgage, not falling into arrears, then a default should not be recorded.
• If you have stopped paying the mortgage before bankruptcy or when you go bankrupt and a default should be recorded with the bankruptcy date.
• If you initially carried on paying the mortgage after bankruptcy but later stopped, the default date should be the date you went bankrupt, see ICO guidance in 2007 which stated:
  “[paragraph 14] [If the loan has been included in a bankruptcy] the default should be filed in accordance with the guidance in paragraphs 47 – 48
  [paragraph 48] If the customer stops payment at a later stage, the default recorded should show the date of the IVA or bankruptcy and the fact that it was settled only by IVA or bankruptcy…”