Default date - credit file clean up

Rscott93

I posted on here a while ago about Post Office Money not updating my credit file after over 3 months (Can't find the thread).

Well today I phoned up and they confirmed they have updated my account to show as settled. However, they are refusing to change the default date to 28/02/2017 in line with me declaring myself bankrupt. They are instead leaving it as 17/08/2017. This has me really annoyed as all 6 of my other creditors have done this no problem. The guy who I spoke to insisted that the legal team say they are under no obligation to change the default date to the date of my bankruptcy.

Am I right in thinking they have to update it? How can I get them to do this?

I am assuming this now means it won't drop off my credit file until 6 years from 17/08/2017 instead of 6 years from 28/02/2018.

fermi

Write back stating that:

- They must be well aware that the ICO require that:

Any account(s) included in your bankruptcy may show on your credit reference file as being in default. The
date of the default(s) should not be later than the date of the bankruptcy order.

- That their refusal update the default date accordingly puts them in direct breach of their obligations under the Data Protection Act and Principles.
- That unless they correct the date, you will be making a formal complaint to the ICO.
- That furthermore, as their breach of the Data Protection Act & Principles unfairly extends the time period for which negative information remains on your file, you consider this to be unfair treatment and require the creditor treats the matter as a formal complaint under the rules of the Financial Ombudsman (from the date of your original complaint) and that they must supply you with a final response. That if their response should be anything other than to correct the default date, then you will progress the complaint asking the FOS to require the correction and award any suitable redress.

fermi

Also the FOS used to sometime write a complaint letter on your behalf if you asked them. They seem to have removed the hint that they could from their website now, but may be worth asking. A letter from them tended to make creditors take notice.