Re: Deed Poll/My future..need help x

twiglet2007

I am 27 years old and unfortunately in June 2005 was made bankrupt due to my ex partner. I am now living on my own, doing well, earning and building up my credit rating. I have joined check my file and my call credit and experian scores are ok but equifax shows a default and late payment many years ago. How can I improve on this as this was over 2 years ago and my other reports show i have a new credit card with a low limit which i pay each mth.

My friend mentioned changing my surname to help? is this true? I don't need any credit but am saving for a deposit on a house.

xx

rog2

I don't think that 'changing your name' is going to help at all, since you can still be 'linked to your previous name.
If the default relates to a 'pre-bankruptcy' debt, then you are entitled to have that entry amended, or even removed.

twiglet2007

Really...Is that true????! It does relate to a pre bankruptcy debt, how do I get it done? Thanks! xx

rog2

twiglet2007 wrote: »

Really...Is that true????! It does relate to a pre bankruptcy debt, how do I get it done? Thanks! xx

You need to write to the creditor and inform them that they must amend the default to 'satisfied' with a date no later than your bankruptcy date.
There is a template letter, posted by fermi I think. Hopefully he will see your thread soon and advise.

fermi

The Information Commissioners factsheet on CRF's and bankruptcy states:

(From: http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/bankruptcy_faqs_v2003.pdf )

My credit reference file shows that my bankruptcy has been discharged. But
shouldn’t the credit reference agency have removed the record of my bankruptcy?

Even if you have been discharged from bankruptcy, the record of your bankruptcy will stay on your credit reference file for six years from the date of the Bankruptcy Order.

I’ve noticed that an account that was included in my bankruptcy is marked in default later than my bankruptcy. Can I do anything to change it?

Sometimes a lender will not know the exact date you were made bankrupt. This may mean that when the lender registers a default with the credit reference agencies, the date on the default is later than the date on your Bankruptcy Order.

If a particular debt is included in the Statement of Affairs at the time of the bankruptcy, you can ask the lender to change the date of the default to the date on your Bankruptcy Order. To do this, you should write to the lender and ask them to change the default date to the date of the Bankruptcy Order.

Remember to send the lender a copy of your Bankruptcy Order or other documentation which confirms the date you were declared bankrupt.

If the lender refuses to change the date of the default then you can contact us using the enquiry form on our website (www.ico.gov.uk). You will need to send us:

• a copy of the Bankruptcy Order or document that confirms the date you were made bankrupt;
• proof that the debt in question was included in your bankruptcy;
• and a copy of the lender’s letter which says it won’t change the date of the default.

What happens to the defaulted accounts on my credit reference file?

After you have been discharged from your bankruptcy you can send proof of your discharge to all the lenders included on your Statement of Affairs.

The lenders whose debts were included in your bankruptcy should then mark the entry on your credit reference file to show that you no longer owe money on that account (perhaps by marking the entry as 'partially satisfied’ or ‘partially settled’ or in some other way).

Once the lender has changed the information on the entry, if you make any new credit applications the prospective lender will be able to see that you do not owe any more money on that account.

Finally, if you wish, you can ask the credit reference agency to add a statement called a ‘Notice of Correction’ to the default entry. In your statement, you can explain that the entry was included in your bankruptcy which is now discharged.

If the lender refuses to change the date of the default or mark it as ‘satisfied’ or ‘settled’ or to indicate in another way that you have fulfilled your obligations to that lender then you can write to us at: Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

There is a full guide to how your CRF's should look after bankruptcy, plus links to the procedure and letter to send if they are not correct, at the links below:

Guide: http://www.debtquestions.co.uk/debt_forum/viewtopic.php?t=18857

Letter: http://www.debtquestions.co.uk/debt_forum/viewtopic.php?t=9431

Hope that helps.

twiglet2007

Fermi please reply, your my only hope! (star wars) I need this template ! Thanks xx

fermi

As said, you can't get the default removed, but you can get it dated correctly so it disappears 6 years from the date of the bankruptcy order.

In your case that will be June 2011.