Thread: Defaults added after bankruptcy for monies included in it! PLEASE HELP!

Hi all,

Both my wife and i went bankrupt in january 2005 after getting sucked in by a "debt management" company that basically told us to stop paying our debts and pay them £220 month for 6 months and they would sort all our finances out for us, alas they wouldnt even answer our phone calls creditors went mental the bank bounced charges between accounts and credit cards so we ended up with a £1800 over draft in charges alone! etc etc, so on advice from the citizens advice bureau we both went bankrupt.

Upon joining experian (lol) i found that i had 3 defaults on my account dated after my bankruptcy, i was told that 1 was for debts that were included in my bankruptcy that had been SOLD On to other companies and they had defaulted me????
And the other 2 were black horse same as above but when i quered them they jump from settled to oweing and all experian will do is add a notice of correction to them which is just a useless text entry?

Please Please help me with this are they illegal how do i get this resolved?
Thanks for taking the time to read my long boring post

Guess nobody knows then?......

hi,
been in a similar situation but found info after some research so here is i can share with you:
If the credit/defaul info in your credit report refers to bankruptcy and you want to do post-bankruptcy clean-up, there are things to remember:
Default date MUST be NO LATER than date of the Bankruptcy

Settlement date (where shown) MUST be NO LATER than date of Discharge

you need to compare these on your credit report
if you notice discrepancy you will need to write to your former lenders (included in bankruptcy papers) ie to people in their companies called Data Control Officer (their addresses you may find on former Information Comissioner's website, search:data control officer and do the search for the lender)


HERE is your template:

Your Address
Goes Here

Data Control Officer
This Creditor
Data Controller Address


Dear Sirs

Re: Account Number xxxxxxxxxxx

After consultation with both the Information Commissioner and the Credit Reference Agencies, I am writing directly to you to request that you formally update my credit files in accordance with the Data Protection Act.

I was declared bankrupt on <Date of your bankruptcy>and subsequently discharged on <Date of Discharge>, and <name of creditor> was included within the Bankruptcy. For your convenience I have attached both my bankruptcy Order and Discharge Notification.

Currently the information that you have recorded against my name with the Credit Reference Agencies is factually incorrect, and despite several written requests to your customer services , as yet your company has failed to correct the entries as required.

• It is requested that if you intend to default the account, the default entry must be <Date if your bankruptcy>, in accordance with the Data Protection Act.

• It is requested that you mark the account in some way as to indicate that it is settled or satisfied, in accordance with the Data Protection Act.

The Information Commissioner has indicated that I should allow you 28 calendar days from the date you receive this letter to comply, during this time you are requested either to update the Credit Reference Files correctly (of all three Credit Reference Agencies) or notify me in writing the reasons that you refuse to.

After the 28 days have elapsed the Information Commissioner has requested that I inform them if your company fails to update the records so that they may take any necessary enforcement action against your company.

I have copied the relevant information provided by the Information Commissioner as an attachment to this request.

Yours faithfully



Fred Bloggs

Enc:

Bankruptcy Order
Discharge Notification


!!!!Always send it via recorded delivery!!!!


hope it helped...

Thank you so much for your response! If this works you will be up at the top of my christmas cardlist for sure!!! will update as soon as i hear back thanks again:grin:

milegna

HI again,

I sent your template to the 2 companies in question and black horse have ammended the date to the day of bankruptcy, but the other (hfo) hasnt , i presume they are probably a little company that has shut down or something?

Meanwhile my wife now has catalouges and credit cards even though she pays it back with my wages, and i cant have anything and her report is worse than mine!!

Oh well i think im resigned to sittin the next 18 months out then it will all be gone (6 years)

Thanks for your help

Hi nik
milegna here
just checked forum
i am not able to produce anything now as my little boy "brain-washed-me out" and i m feeling like a zombie but if you still need help let me know-just read another helper's reply...
he's right-by the way-this mashine works slowly but you will get there!