How do I get a creditor to A) stop reporting defaults and B) stop them selling on the "debt"?

sacha28

I was discharged from bankruptcy in March this year and things have been good 😊 HOWEVER one creditor in particular is starting to get on my nerves! 

I have spoken to this company on several occasions, as I keep getting demand letters from them and they keep reporting missed payments, despite being the main creditor on my petition. They have promised to remove the defaults and cease communication but letters have followed each conversation, and defaults continue to be added to my file.

Yesterday I received a letter from a 3rd party collection agency stating they have purchased the debt and are demanding a payment plan. Obviously tomorrow I will contact them and inform them they have purchased a dud debt but how the hell can I put a stop to this?! 

This is the only creditor I have had an issue with and it is actually having a negative effect (well, a more negative effect) on my attempts to clean up my file.

Any advice welcome 😊

LaHostessAvecLaMostess

You can't.

The creditor is entitled to report it to the CRAs (and reporting it as defaulted is the correct way to report it) and they're entitled to sell it on until the end of time.

Just ignore them, it's unenforceable anyway.

sacha28

LaHostessAvecLaMostess said:

You can't.

The creditor is entitled to report it to the CRAs (and reporting it as defaulted is the correct way to report it) and they're entitled to sell it on until the end of time.

Just ignore them, it's unenforceable anyway.

It is my understanding that they cannot report defaults from the day bankruptcy was granted, so I don't believe they can forever more report defaults on a debt that has been wiped?

sourcrates

Debts subject to your Bankruptcy should all have a default date, no later than the date of your Bankruptcy order.

Its perfectly normal for them to be reported as "in default" until they automatically fall off your file after 6 years.

Check out "credit file clean up" on the Debt Camel website.

With some creditors the message just does not get through, and they may sell your debt, or keep pestering you for payment, really all of this can be ignored, they have no remedy against you, I know its a pain having to deal with new companies all the time, you can write and inform them of the debts status if you wish, other options are getting the OR`s office to write to them, or make an official complaint and go down the FOS route.

fatbelly

There should be one default date and this should be the date of the bankruptcy or earlier.

You should inform the new debt owner of your bankruptcy.

If your credit file is being marked incorrectly, by anyone, you should complain to 

https://ico.org.uk/make-a-complaint/

sacha28

Thank you both for your help. I've spoken to the 3rd party (a solicitors no less) and explained the situation. They have said they will "investigate", although I'm not entirely sure why they need to waste their time investigating when I emailed them a copy of my discharge paperwork whilst I was on the phone (and confirmed as received).