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Complaint to Experian

wharty
Posts: 426 Forumite
Been having a nightmare with getting our credit files updated after bankruptcy in 2013.
We have got all the default and satisfaction dates correct but when the creditors updated the correct details last month, Experian added a balance out standing to the same month they updated it.
This makes it seem like we have default balances AFTER the discharge/satisfaction date.
I thought it may be just one lender making a mistake but it has happened to around 12 accounts between me and my wife and we have been rejected for a mortgage because we have default balances from 2014(satisfied date)to Jan/Feb 2018.
It seems to me its Experian that is causing the problem so we have made a complaint.
I was wondering if anybody else has had this issue and what the outcome was?
I should point out that Equifax and Call credit have our balance as Zero after the date of discharge/satisfaction which is correct.
We have got all the default and satisfaction dates correct but when the creditors updated the correct details last month, Experian added a balance out standing to the same month they updated it.
This makes it seem like we have default balances AFTER the discharge/satisfaction date.
I thought it may be just one lender making a mistake but it has happened to around 12 accounts between me and my wife and we have been rejected for a mortgage because we have default balances from 2014(satisfied date)to Jan/Feb 2018.
It seems to me its Experian that is causing the problem so we have made a complaint.
I was wondering if anybody else has had this issue and what the outcome was?
I should point out that Equifax and Call credit have our balance as Zero after the date of discharge/satisfaction which is correct.
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Comments
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Hi wharty
You are correct that any debts included in your bankruptcy should show that there is no longer an amount owing. Defaults also cannot be registered after the date of the bankruptcy. Usually the credit reference agencies only record information given them to by your creditors, but if the debt were already showing as zero and then changed to an outstanding balance, you could be correct that this might be a mistake on Experian's part.
You'll need to wait for the outcome of your complaint. If they do say this is an issue with the creditors then you can make a complaint to them as well. Ultimately if the information is not corrected you can take your complaint to the Information Commissioner's Office (ICO) www.ico.org.uk. I hope you can get the matter resolved without too many difficulties.
Susie
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
National_Debtline wrote: »Hi wharty
You are correct that any debts included in your bankruptcy should show that there is no longer an amount owing. Defaults also cannot be registered after the date of the bankruptcy. Usually the credit reference agencies only record information given them to by your creditors, but if the debt were already showing as zero and then changed to an outstanding balance, you could be correct that this might be a mistake on Experian's part.
You'll need to wait for the outcome of your complaint. If they do say this is an issue with the creditors then you can make a complaint to them as well. Ultimately if the information is not corrected you can take your complaint to the Information Commissioner's Office (ICO) www.ico.org.uk. I hope you can get the matter resolved without too many difficulties.
Susie
@natdebtline
Thanks Susie, it really is horrible. Another we had was Hitachi Capital who had the default correct but the satisfied date the same as the default which was 2013. Most people would say that's fine as its settled a year earlier than it should have been but I wanted things to tally up.
When Hitachi updated the account last week it was showing the account started April 17 and defaulted a few months ago even though the default date and satisfied date are correct. (2013 & 2014)
It seems that either the creditors or Experian should have put the account update date as the discharge date but they have done it as the date they changed the default and settlement date which I think has caused the issue. I'm pretty sure a creditor wouldn't be updating an account after it has been settled or partially settled in any other situation.
Experian told me they wouldn't be able to change the balance to zero as it has to be done by the creditor but one creditor Halifax says Experian have to do it and even if they could they wouldn't as we didn't inform them of our discharge so they were entitled to keep defaulting the account every month.
Its so confusing as we seem to be getting nowhere fast.0 -
Hi again wharty
It is correct that a credit reference agency usually won't change anything without checking with the creditor first. The confusing part is why a zero balance was showing and then it was changed to an outstanding amount.
With regards to a default it is only registered once, usually after the arrears have built to between 3 and 6 months, but certainly no later than the date of the bankruptcy. The account will then show as in default every month for 6 years.
In that respect Halifax are correct that they can show the account as in default every month, but only for 6 years. However the balance of the debt needs to reflect you have been discharged from bankruptcy and there is now no outstanding balance. I'd suggest making a formal complaint to Halifax (and any other creditors showing an outstanding balance) and if you still don't get the matter resolved contact the ICO and the Financial Ombudsman Service (FOS) to look into it.
Susie
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0
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