Best Action against Equifax not removing my Incorrect bankruptcy for over 3 years of Requesting???

Chreesy87

Thrugelmir said:

So you've a CCJ against you. That will impact lenders credit decisions. Wage arrestment is a further negative. This will detected when the Trust Registry is searched as part of the underwriting process. 

Yes thats correct but having a bankruptcy / IVA along with for the exact same matter doesn't help when its incorrect and also the CCJ will be due to come off this year thankfully and should also be fully paid off by then where as the Bankruptcy would be 10 years

Chreesy87

Fighter1986 said:

Chreesy87 said:

Fighter1986 said:

Hitachi (and any other lender) can't block a bankruptcy, they certainly can't block a bankruptcy with a CCJ.

Whether or not a bankruptcy is granted to you is decided entirely by the court. Not cannington dean, not Hitachi, not by anyone besides the judge who asesses your bankruptcy petition.

Equifax will only reflect public data like bankruptcy that exists on the public register, and it will have been put there by the court.

Have you checked with the court the status of the bankruptcy?

Was it discharged, or annulled?

If it was annulled, it should be expunged from your credit file.

It it was discharged, it should show a discharge date, but shouldn't be expunged from your credit file.

You need to contact the court initially (the equifax data will show which court and the case number you need to contact / quote) to find the status of the judgement. 

Hi thanks for that reply as well was mid reply before I picked this up yes was annulled apparently due to Hitachi owning over 90% of my debt they blocked a debt management repayment plan through stepchange more than once and this was who they advised me to go through in the early days of unemployment with this outstanding debt. 
They blocked it and that was the reasoning on stepchanges behalf and before I could get any answers they had processed/lodged a CCJ against me now in wage arrestment per month until paid.

The IVA or Bankruptcy came about through a family friend back then and creditfix under carrington dean who processed an application and said similar that they were unsuccessful due to the amount of debt essentially in Hitachi the other was only a small overdraft which had to be closed and taken into my debt through stepchange at the time.

Carrington dean told me it never got as far due to this and was discharged before anything commenced therefore they cannot give me a certificate as per what Equifax repeatedly reply with, personally I feel like its just getting picked up by someone different each time and they just auto generate the certificate reply every time without taking into account the information I have provided and chase them up with the last 3+ years albeit I slowed down last year with work and Uni commitments until November where I realised they have redone the whole portal access and I was unable to continue or check my current progress anymore and was advised on the phone to reapply and set up the portal which has all this documented back in under complaints

The CCJ is all there and correct Nov 2015 through my local sheriff court but Ive included all this to them that its live and is effectively the same debt therefore cant be under 2 a ccj and a IVA or bankruptcy 

OK, thank you for the explanation.

Now we need to nail down some really precise details here, because it sound like cannington / creditix might not have been entirely honest with you.

Does your credit file show a bankruptcy order?
Does your credit file show a CCJ?
Does the date of the CCJ fall before, or after the Bankruptcy?

You've used the word "Anulled" and also used the word "Discharged" in your response. These are two very different things.

Annulled means the bankruptcy either never proceeded, or was undon
Discharged, means your bankruptcy was approved, and subsequently completed successfully

It's possible for a debt that has fallen under a CCJ to subsequently fall under a bankruptcy
It is also possible for a lender to take you to court for a debt that was included in your bankruptcy and obtain a CCJ, but they have no legal right to, and you have legal recourse to have the CCJ set aside free of charge.

It's still unclear from what you've said so far, as the devil is in the detail - and you might not have the full truthful detail from cannington... BUT... It sounds like you were made bankrupt, and subsequently discharged, and a CCJ was also obtained against you by Hitachi.

I'll make this absolutely clear again:

A lender cannot block a bankruptcy. The decision is that of the judge and only of the judge. The lenders have a legal obligation to comply with the bankruptcy order.

My previous advice stands - you need to contact the court that is named on your credit file, and ask them the status of the case number displayed against the bankruptcy order on your Equifax file.

Was it: Approved and subsequently discharged? Annulled? Cancelled?

Come back with what the court tell you and I'll help further. 

Ideal thanks for ths information sorry im a bit out my depth when it comes to who to contact hence being here. ha. 

I will contact the court it only shows CCJ active from Nov 2015 and nothing about the IVA/Bankruptcy
The letter and explanations I get from Carrington Dean and emails state 

Good Afternoon,

Thank you for your email. There is not certificate as your case did not get that far. The document I already sent you id the legal document to confirm this.

Kind Regards

Customer Services Team​ |

I will check what information if any the court has on this

Yes my file has a Bankruptcy/IVA live as well as the CCJ which I am aware of and is rightly active at present. 

All other credit agencies had both and others have removed when requested to by myself and providing the same information I gave Equifax however they will not remove this. I will contact the FSO as well as I kept it directly through Equifax and Clearscore to have the error amended to suit, I wasnt aware till now that I could go elsewhere to have this rectified thanks to everyone here for your prompt advice I will keep you updated hopefully can get it amended to suit.

I need to check fully what Carrington have done and how far the status is if the case but stepchange were blocked and carrington also told me the same my application was unsuccesful due to hitachi rejecting the applications from them. I think they went sharply to obtain a CCJ, I got letters from them telling me the court date etc way back at the time and I panicked and was told when I contacted the court its not a summoning its simply a process they will put in place and will affect my credit and will incur a wage arrestment to be set up through my employer which has all be in place for a number of years now. I had taken a car basically on finance and shortly after was made redundant and would not take the car nor take lower payments or freeze etc as it was quite new just extremely bad and unforeseen timing.  

I did not have any other debts bar the arranged overdraft at the time which was also taken into the applications as it all had to be consolidated and applied under the one to pay back.

 All these applications had failed, that's all i'm aware of and been told by stepchange and carringtons responses when I had applied.

Many thanks

Fighter1986

Chreesy87 said:

Fighter1986 said:

Chreesy87 said:

Fighter1986 said:

Hitachi (and any other lender) can't block a bankruptcy, they certainly can't block a bankruptcy with a CCJ.

Whether or not a bankruptcy is granted to you is decided entirely by the court. Not cannington dean, not Hitachi, not by anyone besides the judge who asesses your bankruptcy petition.

Equifax will only reflect public data like bankruptcy that exists on the public register, and it will have been put there by the court.

Have you checked with the court the status of the bankruptcy?

Was it discharged, or annulled?

If it was annulled, it should be expunged from your credit file.

It it was discharged, it should show a discharge date, but shouldn't be expunged from your credit file.

You need to contact the court initially (the equifax data will show which court and the case number you need to contact / quote) to find the status of the judgement. 

Hi thanks for that reply as well was mid reply before I picked this up yes was annulled apparently due to Hitachi owning over 90% of my debt they blocked a debt management repayment plan through stepchange more than once and this was who they advised me to go through in the early days of unemployment with this outstanding debt. 
They blocked it and that was the reasoning on stepchanges behalf and before I could get any answers they had processed/lodged a CCJ against me now in wage arrestment per month until paid.

The IVA or Bankruptcy came about through a family friend back then and creditfix under carrington dean who processed an application and said similar that they were unsuccessful due to the amount of debt essentially in Hitachi the other was only a small overdraft which had to be closed and taken into my debt through stepchange at the time.

Carrington dean told me it never got as far due to this and was discharged before anything commenced therefore they cannot give me a certificate as per what Equifax repeatedly reply with, personally I feel like its just getting picked up by someone different each time and they just auto generate the certificate reply every time without taking into account the information I have provided and chase them up with the last 3+ years albeit I slowed down last year with work and Uni commitments until November where I realised they have redone the whole portal access and I was unable to continue or check my current progress anymore and was advised on the phone to reapply and set up the portal which has all this documented back in under complaints

The CCJ is all there and correct Nov 2015 through my local sheriff court but Ive included all this to them that its live and is effectively the same debt therefore cant be under 2 a ccj and a IVA or bankruptcy 

OK, thank you for the explanation.

Now we need to nail down some really precise details here, because it sound like cannington / creditix might not have been entirely honest with you.

Does your credit file show a bankruptcy order?
Does your credit file show a CCJ?
Does the date of the CCJ fall before, or after the Bankruptcy?

You've used the word "Anulled" and also used the word "Discharged" in your response. These are two very different things.

Annulled means the bankruptcy either never proceeded, or was undon
Discharged, means your bankruptcy was approved, and subsequently completed successfully

It's possible for a debt that has fallen under a CCJ to subsequently fall under a bankruptcy
It is also possible for a lender to take you to court for a debt that was included in your bankruptcy and obtain a CCJ, but they have no legal right to, and you have legal recourse to have the CCJ set aside free of charge.

It's still unclear from what you've said so far, as the devil is in the detail - and you might not have the full truthful detail from cannington... BUT... It sounds like you were made bankrupt, and subsequently discharged, and a CCJ was also obtained against you by Hitachi.

I'll make this absolutely clear again:

A lender cannot block a bankruptcy. The decision is that of the judge and only of the judge. The lenders have a legal obligation to comply with the bankruptcy order.

My previous advice stands - you need to contact the court that is named on your credit file, and ask them the status of the case number displayed against the bankruptcy order on your Equifax file.

Was it: Approved and subsequently discharged? Annulled? Cancelled?

Come back with what the court tell you and I'll help further. 

I will contact the court it only shows CCJ active from Nov 2015 and nothing about the IVA/Bankruptcy
The letter and explanations I get from Carrington Dean and emails state 

I'm confused - does your Equifax credit file show a bankruptcy order or not?

If it does, then it will show the court name and case number against it. 

Jumblebumble

Chreesy87 said:

Hi Guys,

Hope you are all well and had a nice new year despite the current climate.
Just looking at seeking legal advice against Equifax due to them being extremely difficult to get through to them and removing my incorrect bankruptcy through Carrington dean despite it never getting approved or to the courts as my creditor Hitachi blocked it and had CCJ in place instead.

I have gained all the information from Carrington dean and passed across to Equifax who kept requesting a 'certificate' each and every time, at one point around November last year they said they would look into removing and low and behold months later the portal through Equifax was completely changed and had to restart it all again new log in details etc but still have all or most the old correspondence. I have also called them and still no joy, I had to take out a new car through oddle finance and arnold clark would come back with inflated costs of around 40-75 based on poor finance so I adjusted a car to suit the budge but I now have in place that oodle do in fact use clearscore and equifax for their information provider which has incurred a £47 per month (60 month finance contract) increase from the original quote due to my bankruptcy etc
Its getting beyond a joke now due to the amount of evidence / information I have provided them from Carrington Dean emails etc specifically responding to Carrington dean to note 'Certificate' explicitly to prove a point and explain due to the status of the application at the time its not got as far as being able to get a certificate Equifax so desperately desire. 

I have included letters stating this back in 2018 and chased on and off from there awaiting replies etc and its cost me due to them not removing it, all other credit background providers have either never had it on or removed to suit but equifax seem to be digging their heels in at my expense. 
Im not sure who to turn to in terms of seeking potential legal advice to recover loses and also to ideally get the ball rolling and gain some leverage to get it removed from my account.

Any advice would be excellent as I cant really see a similar thread other than they seem to have had a data breach in which customers were seeking advice on legal action against them. 

thanks for any advice in advance 
C

I struggle to understand why you have not followed Equifaxes own advice to take this to the ombudsman if the complaint was not resolved rather than opening fresh complaints which are likely to have the same outcome as the first one.
See linked PDF 
https://help.equifax.co.uk/EquifaxOnlineHelp/s/complaint-page
Equifax even tell you they are expected to deal with complaints in 56 Days
I am sorry to say that I am not sure I believe we are hearing the whole story or you have been very badly advised

K_S

@chreesy87 Good luck! If you can, do update this thread when there is some movement. It might help someone else in a similar situation in the future.