Sainsbury’s Bank Continuing to Register Late Payments with CRAs Despite Bankruptcy Order

edited 30 November -1 at 1:00AM in Bankruptcy & Living With It
10 replies 2.7K views
Bernard_NurseBernard_Nurse Forumite
25 Posts
edited 30 November -1 at 1:00AM in Bankruptcy & Living With It
I’m currently ten months into a bankruptcy and have recently been made aware that Sainsbury’s Bank is registering ‘Late Payment’ against me with the credit reference agencies every month.

This follows on from them continually writing to me after the order was made demanding payment etc.

When I called them to ask them to stop doing this (as there is no way to email, a method I prefer due to the written record you have), they refused stating they were following FCA guidelines as legally bound, something I’ve since found out was not the case.

I pointed out they were the only creditor doing this and in any case they needed to write to the Official Receiver, but they claimed they needed to keep writing to me in case my bankruptcy failed, at which point I highlighted that if it did, the OR would be writing to all my creditors, not least them.

But again to no avail. Well the letters eventually stopped (despite them claiming at one point I’d be getting them for another six years - the OR writing to them may be a factor), but now we have this.

So my questions are as follows:

1. Surely if the creditor was going to mark anything on my file given no payments made in at least 18 months it would be default?
2. Can they keep registering late payments in these circumstances?
3. Are these marks something I can asked to be wiped from my file, either now or following discharge?

Given my experiences with this shower to date, it wouldn’t surprise me if they’re trying to make sure my rating is impacted that little bit more come discharge.

Thank you in advance for any advice you can give on this - as above, they’ve been belligerent to say the least.

Replies

  • TheGardenerTheGardener Forumite
    3K Posts
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    Ignore them for the time being. Follow the advice on the sticky at the top of the board about 'credit file clean-up' However, there is little point doing it until a few months after you are discharged.
  • Sainsbury's Bank data protection officer's email is [email protected]

    I had the same issue with Tesco Bank - they don't advertise their contact details, and certainly don't make it easy for ex-customers. In my case they treated my complaint very seriously (my loan with them still showing as defaulted a year after discharge) and sent me a grovelling apology and £50 cheque for the bother!
  • pcoventrypcoventry Forumite
    52 Posts
    10 Posts
    I had this before. I just waited because the date of the default will matter the most - someone from Experian told me yesterday after around 3 years defaults mean less and less as time goes on. If the default date is before your BR ignore it - as it will come off quicker but if not then you need to follow the template or contact them and ask for it to be set to the BR date - I had to do it all myself last BR no one knew I was BR as the OR clearly didn't tell anyone - this time some know some don't but I have contacted them all.

    I was able to get a Vanquis card when I was discharged for 3 months and then I ran that for 5.5 years and when the BR came off my file I closed Vanquis and went onto Barclaycard and mainstream Lending, PCP and a big loan - so don't worry - it'll all work out right in the end ( I am going to do the same this time as I did last, but never go BR again!)

    The funny bit is a creditor told me i would never be accepted again after including them in the BR - after the 6 years were up my credit was so good they took me on with a top of the line product - and this time they were not included in the BR, but I told them and they closed it anyway - so here's hoping for next time!

    In regards to Tesco Bank - I have defaults still going on but I am lucky the default date is 3 months before BR and so it will come off 3 months before everything else does. I just need to get it settled or part satisfied at some point - but for now not really bothered as I have 4 months of BR to go. I won't use credit again anyway these days it's cash or miss out!
  • pcoventry wrote: »
    I had this before. I just waited because the date of the default will matter the most - someone from Experian told me yesterday after around 3 years defaults mean less and less as time goes on. If the default date is before your BR ignore it - as it will come off quicker but if not then you need to follow the template or contact them and ask for it to be set to the BR date - I had to do it all myself last BR no one knew I was BR as the OR clearly didn't tell anyone - this time some know some don't but I have contacted them all.

    I was able to get a Vanquis card when I was discharged for 3 months and then I ran that for 5.5 years and when the BR came off my file I closed Vanquis and went onto Barclaycard and mainstream Lending, PCP and a big loan - so don't worry - it'll all work out right in the end ( I am going to do the same this time as I did last, but never go BR again!)

    The funny bit is a creditor told me i would never be accepted again after including them in the BR - after the 6 years were up my credit was so good they took me on with a top of the line product - and this time they were not included in the BR, but I told them and they closed it anyway - so here's hoping for next time!

    In regards to Tesco Bank - I have defaults still going on but I am lucky the default date is 3 months before BR and so it will come off 3 months before everything else does. I just need to get it settled or part satisfied at some point - but for now not really bothered as I have 4 months of BR to go. I won't use credit again anyway these days it's cash or miss out!

    Cash from now on indeed!

    With regards to the default date and getting it corrected to the date of the BR, i should wait til after discharged as I think someone else above has advised?

    Not that I could get credit any time soon (even if I wanted it, which I don’t) but I’d like to make sure my time is up (as it were) when it’s up.

    That and prove a point with the lovely unmentionables at SB who have been so helpful (not) and who’ve decided to try and extend my misery despite being written to by the OR.

    :mad:

    Thanks to everyone above for their input and apologies for taking so long to respond.
  • KeepOnKnittingKeepOnKnitting Forumite
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    I did credit clear-up after discharge, but even then on Experian they are showing as still updating 6 months after bankruptcy, so I am going to have to clear up a second time next year before I apply for a mortgage.

    Definitely don't bother until a couple of months after discharge.
    Save £12k in 2021 #11
  • Ok duly noted, thank you.

    Are your troubles also with Sainsburys Bank and have you escalated it with any third parties to date?

    Thanks
  • Well here is a twist in the tail.

    My credit report came through today from Experian. Everything is showing as defaulted / settled, even the SB debt. :beer:

    Is it feasible that SB are - somehow - feeding Credit Karma different info to Experian?

    Think maybe I need to order a full report from all the CRAs...
  • So...

    TransUnion (who hold the info used for Credit Karma reports) shows the SB debt with default markers for every month of the year so far.

    The Credit Karma report that alerted me to all this lists three ‘over limit’ alerts lodged by SB over the past three months (and maybe more - thats all I could see though).

    But over at Experian the debt is shown defaulted with a settlement date in January 2019.

    So now I’m confused. Surely if the debt is classed as settled, nothing like the latter can’t be registered?

    Or can it...
  • mwarbymwarby Forumite
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    I would try and forget about it until 3-6 months after discharge, let things settle down the start the clear up which should focus on default dates and getting the accounts marked as settled/partially settled.

    Over limit markers or even defaults will have very little practical impact on your credit worthiness if you have bankruptcy and valid defaults. On the bright side you'll be able to get subprime credit in about a year and possibly a mortgage in 3-5 years, in 6 years time most of credit products become available again
  • edited 7 November 2019 at 10:11PM
    SalesySalesy Forumite
    1 Post
    edited 7 November 2019 at 10:11PM
    I seem to be having the same problem. I had a credit card and a loan with Sainsbury's bank when I became bankrupt.

    Despite my bankruptcy being discharged in December 2018, balances are still showing for both products on my Experian and TransUnion credit reports. Furthermore, they are still updating monthly with TransUnion. This is also the case with my Home Retail Group (Argos card) who were bought out by Sainsbury's Bank.

    The chap on the phone was nice enough but he was as much use as a chocolate teapot.

    I have found the contact details for the Data Protection Officer:
    By post: Data Protection Officer, Sainsbury’s Bank, 3 Lochside Avenue, Edinburgh Park, Edinburgh EH12 9DJ

    And for Home Retail Group:
    By post: Data Protection Officer, Home Retail Group Card Services Limited, Thynne Street, Bolton, BL11 1AS

    n.b. I tried the email address that terrence45 mentioned, but got a 550 rejection (spam filter).
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