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Bankruptcy Marker Placed onto my Credit file in Error

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HI all, im new to this forum but wanted to ask some advice, I have just discovered that a company (JD Williams) has placed a bankruptcy marker onto my credit file.  I have contacted them and they have agreed that this has been done in error and have said that they will remove it, however in the interim my current credit providers have frozen my credit lines (next) and when i was applying for a personal loan i got refused by normal lenders and subsequently needed to go to a lender who have charged a larger than normal % apr.  I have complained to JD williams and said that i would like compensation as it has affected my clean credit rating.  Im also certain that they have a GDPR issue here as applying to a wrong account must mean that the training is not so great.  Any advice on what sort of compensation i should be asking for?  Thanks in advance 
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  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    edited 17 August 2022 at 11:07AM
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    You could try estimating the additional cost on the higher rate loan, but it's not that scientific as you don't know what you would have got otherwise.

    If it's only Next who have suspended your credit, that's not going to be worth anything much.  Were there any other impacts?

    In terms of your clean credit rating, that's not important as long as the bankruptcy is removed.
  • TG21780
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    Thanks, i've not seen any other impacts yet but i haven't applied for anything else but im guessing if I did i would currently get refused 

  • TG21780
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    sorry another silly question, when they do remove this marker will it leave any history behind, i.e will it quantify that it was an error or will it be as if it never was applied? 
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    It's be as it was never there. It won't be shown as an error.
  • Jumblebumble
    Jumblebumble Posts: 1,832 Forumite
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    edited 17 August 2022 at 12:54PM
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    In the real world recent compo for banks breaching GDPR
     Major bank     Hard search when I never had any agreement dealings with them (partner has an account)   £100.00
    Mortgage co sent a redemption statement to random solicitors                                                                    £300.00
    This did mean ignoring anyone who suggested that as I had suffered no loss I was wasting my time.
    For public bankruptcy notification  I would try for at least £500

  • [Deleted User]
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    In the real world recent compo for banks breaching GDPR
     Major bank     Hard search when I never had any agreement dealings with them (partner has an account)   £100.00
    Mortgage co sent a redemption statement to random solicitors                                                                    £300.00
    This did mean ignoring anyone who suggested that as I had suffered no loss I was wasting my time.
    For public bankruptcy notification  I would try for at least £500

    Those are very much in the "go away" money realm, £100 for a single search is crazy, while the £300 seems a bit low, I suppose tempered by the fact the receiving solicitors were reputable.

    OP would need to check if they have actually been given a public bankruptcy notification, more likely a person who is bankrupt shares the same name and the bankruptcy was wrongly applied by the CRA, possible even JD have done no wrong. OP has not suffered an easily quantifiable loss as they don't know what loan rate they would have got, demanding any sum of money is a hiding to nothing - particularly if the firm would have paid more
  • sourcrates
    sourcrates Posts: 29,354 Ambassador
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    What exact form did this bankruptcy marker take ?

    Because as far as I am aware, there is no such marker for individual accounts, just the public bankruptcy notification in the public information section of your credit file ?
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Fighter1986
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    Did JDW actually go to the lengths of chasing you for debt via a DCA and subsequently file for bankruptcy proceedings against you?

    This is a case which will need to have been heard in a County Court and you absolutely most certainly would have been notified about this in writing ahead of time, and it wouldn't have been a quick process for JDW whatsoever.

    Did you in fact have a Bankruptcy order filed against you by the County Court, or was there something else that JDW placed on your credit file?

    I'm not calling you a liar, but I'm quite skeptical that something like this could happen completely under the radar with the individual not having been given any advance warning by JDW's solicitors / DCA or the county court. 
  • Did JDW actually go to the lengths of chasing you for debt via a DCA and subsequently file for bankruptcy proceedings against you?

    This is a case which will need to have been heard in a County Court and you absolutely most certainly would have been notified about this in writing ahead of time, and it wouldn't have been a quick process for JDW whatsoever.

    Did you in fact have a Bankruptcy order filed against you by the County Court, or was there something else that JDW placed on your credit file?

    I'm not calling you a liar, but I'm quite skeptical that something like this could happen completely under the radar with the individual not having been given any advance warning by JDW's solicitors / DCA or the county court. 
    Nothing surprises me when it comes to the incompetence of financial firms and inability to input data correctly, especially with the covid and post covid era.  

    had an issue with a car finance company could not even change bank details on a mandate, the easiest of tasks caused me 3 months of hassle due to a late payment marker caused through no fault of my own.
  • sourcrates
    sourcrates Posts: 29,354 Ambassador
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    edited 9 September 2022 at 4:19PM
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    JD Williams are a catalogue company, so I would assume the debt is/was accrued on their website.

    Credit limits are often in the £500-£2500 range but can be more.

    The minimum amount of debt for bankruptcy is £5000. It would be unheard of for this company to issue bankruptcy proceedings against an individual customer, it just would not happen.

    To add further conjecture, there is no such thing as a bankruptcy marker for credit files, the Official Receiver/Insolvency service places a note in the public information section of your credit file that you are bankrupt, as far as I am aware, there is no mechanism available for a creditor to do this or mark your file in the way you describe.

    So can you please clarify what you mean by "bankruptcy marker" ?


    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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