File clean up after discharge

danjackson2021

If someone has just been discharged from bankruptcy then is it normal for all their old debts that were included in the bankruptcy to be still showing on file?

if they just wait will they al drop off?


or does the individual have to write to the credit agency and request they should have been removed as they were in included in bankruptcy?

[Deleted User]

They'll remain for 6 years from default.

danjackson2021

Deleted_User said:

They'll remain for 6 years from default.

Surely all these people talking about cleaning up their files after bankruptcy applies here?

it should say settlement rather than still open?

sourcrates

All your accounts should show a default date no later than the date of your Bankruptcy.

They should all be marked as "settled" or "satisfied".

They will all fall off your file in time.

smashinglynaive

sourcrates said:

All your accounts should show a default date no later than the date of your Bankruptcy.

They should all be marked as "settled" or "satisfied".

They will all fall off your file in time.

No, they should be marked as satisfied.

Debts that are paid off as agreed are settled, defaulted debts are satisfied.

Come on lad, you're a board guide for the debt forum, you must surely know this by now.

danjackson2021

sourcrates said:

All your accounts should show a default date no later than the date of your Bankruptcy.

They should all be marked as "settled" or "satisfied".

They will all fall off your file in time.

Thanks so much

what if they are not showing as satisfied what is the process please?

sourcrates

smashinglynaive said:

sourcrates said:

All your accounts should show a default date no later than the date of your Bankruptcy.

They should all be marked as "settled" or "satisfied".

They will all fall off your file in time.

No, they should be marked as satisfied.

Debts that are paid off as agreed are settled, defaulted debts are satisfied.

Come on lad, you're a board guide for the debt forum, you must surely know this by now.

If you want the exact wording -

"The debts included in your bankruptcy should be marked by the creditors as partially settled with zero owing on the date of discharge. This is what the SCOR/ICO paper says should happen:

Your record should be closed and marked as partially settled if…. your account is included in an insolvency such as a bankruptcy or IVA which is discharged/completed and less than the full amount is paid. [page 8]".

source Debt Camel.

fatbelly

Debt camel has written a useful article on the procedure for DROs - it's the same for bankruptcy

https://debtcamel.co.uk/repair-credit-record-dro/

sourcrates

danjackson2021 said:

sourcrates said:

All your accounts should show a default date no later than the date of your Bankruptcy.

They should all be marked as "settled" or "satisfied".

They will all fall off your file in time.

Thanks so much

what if they are not showing as satisfied what is the process please?

Well you follow the lenders complaints process to get your file marked correctly.

danjackson2021

Thanks so much all

this is the letter I want to send


-

I had a Debt Relief Order approved on dd/mm/yyyy. You can confirm this by checking the Insolvency Register at https://www.insolvencydirect.bis.gov.uk/eiir/.

I am writing to ask you to correct my credit file for [details of your debt with the creditor, including account number or reference number].

At the moment [there is no default date/the default date is dd/mm/yyyy]. This is incorrect and a breach of the ICO guidelines and the Data Protection Act 1998. There should be a default date not later than the start date of my DRO.

Please correct this entry within 28 days or supply me with a written reason why you will not do so. 

danjackson2021

Can anyone help me find the correct address for Halifax overdraft?

” Don’t try to do this on the phone!

Instead send the following letter to the Data Controller for the creditor (get the address from the ICO ), send it Recorded Delivery and keep a copy:”