Problems Clearing File Post Discharge

debtfreeserge

Hi Guys

Firstly this section has been a huge source of help and support, albeit having never posted before. So thank you to you all.

I was discharged from my bankruptcy on 02/09/17. I have used the sticky thread at the top and sent the template letters off to all the creditors who still has me listed as having an outstanding balance. However, many have claimed that these letters were the first they were aware of the bankruptcy and thus although they have amended the default to owing £0 the settled date is the date I sent the letters (Jan 18) as opposed to my bankruptcy date. Should this be the case? Should I take the to the ombudsman?

I only have one now showing as being outstanding. I had a Barclaycard included in the bankruptcy, but they sold the debt to a recovery group I presume as I had to write to them as it was there name on the credit report. They have amended their records but the debt seems to have gone back to Barclaycard on my file? Is it just a case of sending the same template letter to Barclaycard again?

Finally, I presume that it is these defaults that take 6 years to disappear, as opposed to the bankruptcy, which I can’t actually see in my file anywhere? I presume this it’s 6 years from discharge, or should they be listed as settled on the date the bankruptcy was agreed?

Sorry for all the questions and thanks in advance for any help!

Regards

jay

sourcrates

Hi,


Your bankruptcy will show in the Public Information section of your credit report for 6 years from the date your bankruptcy was approved.

All your debts should also have that default date on them, unless they were defaulted earlier, and should show a zero or settled balance.

You should send a written complaint to all creditors who have not correctly adjusted your credit file, include a copy of your bankruptcy order, and remind them of the correct procedure they should be following.

Any who still do not comply, escalate your complaint to the ICO.

This is quiet a common thing with bankruptcy and debt relief order clients, a lot of creditors are unaware of the rules of insolvency with regard to credit files.

fermi

---> Credit Reference File Clean Up Post Bankruptcy

To whoever has the record on the account in their name.

debtfreeserge

Thanks guys. I’ve sent a further letter to Barclaycard so hopefully that will fix that one.

How do i escalate the complaint to the ICO for all those that haven’t amended the date to the bankruptcy date?

Thanks again guys.

fermi

All details to do that in my previous link.

debtfreeserge

So there is - sorry fermi I didn’t go down that far.

One last question, I promise, you mentioned my bankruptcy should be listed in the Public Record section of my credit report. However, in my MSE Credit Club report (Experian, right?) it says ‘We’ve found 0 records. You have no public records”.

Why might that be?

fermi

If it is less than 6 years since the bankruptcy order, the CRAs will have the order in their database used for generating reports.

However, you do not have a real credit 'file' in the sense of a consistent document or record. Instead credit reports are generated each time based on the input data and then what subsequent links exist from that.

This means that while the CRA may have a record sometimes things do not link sufficiently well together to make them show. For example, it might be that the address data the CRA has for you does not quite match the address data on the bankruptcy order in a way which precludes it automatically being linked to your report. That is just an example, but it is usually something of that type which means the record is just not getting linked to your report.