OK, after some digging on the ICO website I have found the answers to my original question. I'll post these below, hopefullt this may be of help to others.

Quoted from the bankruptcy section of the ICO website

What happens to defaulted accounts on my credit reference file?

After you have been discharged from your bankruptcy you can send proof of your discharge to all the lenders whose debts were included in your bankruptcy. Those lenders should then mark the entry on your credit reference file to show that you no longer owe money on that account (perhaps by marking the entry as ‘partially satisfied’ or ‘partially settled’ or in some other way).

Once the lender has changed the information on the entry, if you make any new credit applications the prospective lender will be able to see that you do not owe any more money on that account. You can ask the credit reference agency to add a statement called a ‘Notice of Correction’ to the default entry. In your statement, you can explain that the entry was included in your bankruptcy which is now discharged. More information about ‘Notices of Correction’ can be found in Credit Explained.

Also

Sometimes a lender will not know the exact date you were made bankrupt. This may mean that when the lender registers a default with the credit reference agencies, the date on the default is later than the date on your bankruptcy order.

If a particular debt is included in the bankruptcy, you can write to the lender to ask them to change the date of the default to the date on your bankruptcy order. Remember to send the lender a copy of your bankruptcy order or other documentation which confirms the date you were declared bankrupt.

If the lender refuses to change the date of the default then we may be able to help. You will need to send us:

 

• a copy of the bankruptcy order of document that confirms the date you were made bankrupt; and
  
• a copy of the lender’s letter which says it won’t change the date of the default.
  

I went insolvent (bankrupt) in August 2005. At the time I had numerous defaults and a CCJ entered onto my credit file with all three agencies.

Included were 3 defaults placed on file by LLoyds TSB. The problem is that they only placed these deafults onto my file AFTER the insolvency (Nov. & Dec. 2005) even though they were included in the list of creditors. So this means I'd have to wait an extra 4 months before my file is 'clear'.

Can this be rectified by the CRAs or would I have to go to LLoyds TSB and request them to change the default dates to be in line with the insolvency date. Would either do this?

It only gets worse, I've now done Equifax and I have no fewer than 7 'unsatisfied\unsettled' agreements, including 3 from LLoyds bank that were entered AFTER my bankcrupcy date.

All of these were included in my insolvency documentation.

Do I write to Equifax as well?

Many thanks for your reply Buzby, it is very much appreciated.

If I am unsuccessful at having these amended, what happens after the 6 year drop off period with these debts?

Do they just drop off into oblivion as well?

Hello,

I'm hoping someone can shed some light on what I should expect to see in my credit report post bankcrupcy.

I declared bankcrupcy in August 2005 and included all creditors as per usual. Included in this was a CCJ I received literally days before the insolvency date. The amount was for £964.

I've just received my Experian Credit File and it includes 3 defaults as follows:

- The first one was for Egg, which was an outstanding amount on a credit card. The default is shown as 'satisfied' with no balance outstanding.

- The second is for AKTIV KAPITAL for a default amount of £802 and the balance outstanding £964, so not satisfied. This one ties up with the CCJ amount mentioned above.

- The third is for LINK FINANCIAL for a default amount of £9278 and the balance outstanding £2698, so not satified. This amount ties up with an amount outstanding when I handed back my car although the agreement was with GE Capital (?). I subsequently found out that the car was sold for around £7000-ish so this ties up.

All three of these were included in my insolvency paperwork so I have assumed that all the debt associated with these have been 'written off' as part of the bankcrupcy.

So why does the 1 show as 'satisifed' in terms of maney owed whereas the other 2 shows that I still owe this money?

Also is this worth chasing up?

I must provide some stability for my family as a move from this landlord would make a rental agreement of any sorts impossible (previous bad credit history on my part although I have never defaulted on any rental payment to date).

On principle yes, I'd like my deposit back and goodness knows how far a compensation will help in difficult times. That said the landlords have been very helpful and this &^%$%$£ still owes them rental income. They are very good people and we have a very good relationship with them, any decision to pursue it from them will be very diffcult to follow through with.

You have touched on two very real conflicting aspects, my desire to get this agent back vs the money aspect. I think it may well be prudent to ignore my vindictive side and concentrate, as you say, on what's important for me and my family at this point.

Many thanks Mr Shed, good points and all round good advice, 'legally' and otherwise.

Mr Shed,

I still have to consider how this current tenancy is going to end considering that a private company did the inventory, and surprise surprise no longer delas with the agent, faults that we reported to the agent didn't get notified to the landlord, landlords verbal agreement to reparations etc etc. Also whether the landlord is expecting a new deposit for this new tenancy, that would make things even more complicated. I think this is probably a new thread in it's own right.

I have a few days left to discontinue the case and get the fees back (much needed at this time) but on principle I will at least try and get the deposit back. I have thought about both the options you suggested and have yet to decide which is appropriate.

No the tenancy ends later this month, 3 days after the hearing actually. This in itself has complications as the landlord wants to retain us as tenants through a 1-to-1 tenancy agreement. Ultimately I can still initiate recovery of the deposit from the landlords but this will jepordise our tenancy and good standing with them and we can't afford to go elsewhere to rent at this point in time.

I have just had another look at the certificate, the 'stakeholder' is blank, so for all intents and purposes it is protected by the landlords from March, regardless of the dodgy address details given by the agent.

Mr Shed,

Point taken regarding the dates.

It has now becoming a matter of principle so I'll be following through with the case, regardless of the outcome. I don't believe I'll see a penny of this deposit from the Agent, a publicised ruling that was made against him has resulted in money not been 'recovereable' from him, or so it has been reported in teh media by a debt collector who was employed by the claimant.

I believe other debtors are filing for insolvency against this agent.

I think I will point these discrepancies out to the TDSL in the hope that it won't allow him to pull the wool over other tenants eyes.

Mr Shed, thank you for the speedy reply.

I have presented the certifcate as evidence of non-compliance with regards to the timescales.

The case is against the agent and was started before any of the cases already heard had been concluded. At this point I'm still not clear whether the case will be lost on the grounds that it should be against the agent but I have included a statement from the landlords that the agent still holds the deposit. Additionally the TDSL rules state that the agent, when they hold a deposit on behalf of landlord must, on registering that deposit, provide proof that it is being held in a 'ring-fenced' account.

The court case aside, this issue raises some questions about the procedures involved in registering these protections. I find the wording of the certificate inappropriate considering the Act.

They state the period of protection on the certifcate (a start and end date) but and date deposit was collected, but they they do not explicitly state the date the protection was registered. The question is whether the period start date is co-incindent with (and reflects) the date the protection was registered?

In response to taking an agent to court for the non-protection of my deposit, he has sent a tenancy deposit certificate. The TDS case is still going ahead but there are irregularities with the information on the certicate.

---

Some background info first

The agent has closed his offices, and does not answer letters or calls.

His deception has been well publicised in the media since November 2007, with numerous complaints from landlords not being paid and tenants not receiving their deposits back. The agent has now started trading under a different name and has stated in the media that the 'new' company has not taken on any debt or properties from the old one.

--

Info about the certificate.

The certificate states the period of protection starting in March 2008.

The tenancy started in June 2007, corectly stated on the certificate.

The certificate correctly states the date deposit was taken in June 2007.

The section titled 'Landlord\Agent' alongside which these details appear has neither Landlord or Agent crossed out.

The Landlords name is correctly stated.

The address is stated c/o the agents new company

The address is the residential address of the agent, not his registered address of the old company.

Where the agent signed the certificate he had crossed out 'Landlord' i.e. he signed this as agent.

I requested a duplicate from TDSL which corresponds to the one sent by the agent.

---

I have contacted the landlords who have told me that they never have or never will have any contract with the agents new company, he still owes them money.

They also provided me with a copy of a letter from TDSL informing them that the agents old company registration was cancelled in February 2008.

It is my belief that this unscrupulous agent has worked around this by registering his new company and getting this certificate issued with dodgy details i.e. landlords name with his new company name and his residential address, then issuing the certificate to me for the existing tenancy.

I assume that this certifcate is worthless as the tenancy was between my landlord and myself with the agents old company as the agency.

What I do want to know is what I can do about this? Has he committed fraud by stating incorrect details for the landlords address and\or is this sort of deception not punishable in some way?

Lastly, the TDSL website (mydeposits.co.uk) publishes rules for Agents. It specifically states that an agent must protect a deposit within 14 days of receving a deposit (point B1.1. in their rules for agents document http://www.mydeposits.co.uk/pdf/TDS_Scheme_Rules_for_Agents.pdf).

So why have they allowed this 'protection' starting March 2008 when the tenancy start date and deposit receipt date is clearly stated as June 2007?

Firstly, apologies for not replying sooner.

The claim was referred for mediation, which I declined. It took ages to receive a court date but eventually this came through and it's set for mid-June.

A couple of days later I received a deposit protection certificate from the agent. I assume that on receipt of notification of the court date, he had hastily gone and protected the deposit... in an insuarance backed scheme.

That's where we are at in the process, just waiting for the court date. Additional developments are that the agent has closed it's offices, the premises are up for let. They have sold off their office equipment on Ebay.

I have been searching online on a weekly basis to try and find any records that may indicate that they may have applied for insolvency but haven't found anything yet. If anyone could offer any advice on the best way to try and ascertain this it would very much be appreciated.

I was pleased to read of the successful case reported on the forum(http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/138758-tenancy-deposit-case-section.html) but the second (failed) case mentioned in this quoted thread is a concern as I'm are in a similar position with regards to the payment of the deposit.

My tenancy was taken up in June 2007 but the deposit was 'paid' by transferring the deposit from a previous tenancy from the same agent but from a different property\tenancy.

The question is whether mine is the same situation as the failed case. If it is, is it still worth continuing with the case? Your thoughts?

Can a landlord or agent (or anyone) advise what information is required to be submitted to the TDSL scheme to protect a deposit for a tenancy. This information used to be available (via document download) on the TDSL website (mydeposits.co.uk) but the site has recently been changed and this information is no longer available, at least not to 'joe public'.

I am guessing it should include the following:

- Tenant Name(s)

- Tenancy Address

- Tenancy Start Date

- Tenants Telephone Number

- Landlords Name

- Landlords Address

- Landlords Telephone Number

Can anyone confirm this? Is there anything else required?

Apologies in advance, I have loads of questions on this

Further to my post regarding my Tenancy Deposit with the agency (This thread), we have received a possession hearing notification from our landlords mortgage companies solicitors. The hearing is later this month. I have read through some of the threads on the forum and it appears that we will ultimately be evicted.

Can anyone advise whether I should attend the hearing?

Should I be speaking to the landlord to try and ascertain what they intend to present at the possession hearing?

Does my impending court action for the Tenancy Deposit against the agent have any bearing on the possession or vice versa?

As outlined in my Tenancy Deposit Dispute thread, we have been paying our rent directly to the landlord, and not through the agent. The rent is paid up until a week before the hearing. Should I make another months payment to them or wait until the oputcome of the hearing?

At the moment we have nowhere to go and there's no way we can afford another rental deposit due to financial problems.

I will be consulting Shelter and the CAB but I was hoping someone on the forum can offer some advice on these questions.

I have just re-read the thread and noticed that Ed999 edited his last post. In reply to your post Ed999, I have been in constant contact with the landlords. They have confirmed that the agent is holding the deposit. They are also trying to resolve 'discrepancies' in the rental income owed to them from the agent.

Also on my previous post I forgot to add that the defense was filed late. I am inclined not to pursue the judgement route as I would rather this go before the court. The original claim on the N1 form was for the deposit, not including the 3x penalty. If this does go before the court I am thinking that if the agent is found to be non-compliant (officially), then the 3x amount will be considered and awarded. Thoughts on this approach anyone?

Just wanted to add that reading through the housing act again, it states it is the person/s who receives and holds the deposit that is responsible for registering it with an approved TDS.

Surely this is the person/s against whom the claim must be made? So if teh deposit is taken by the agent, it should be claimed from the agent.

Also to the original poster, I used the N1 form but subsequently it appears that it may be the other one ...N308?

Nevertheless, see my thread http://www.consumeractiongroup.co.uk/forum/tenants/120764-obtaining-court-order-tenancy.html. I will try and update it for the benefit of all.

Some more developments since my last post. The Agent has filed a defence, a copy of which arrived through the letterbox this morning.

The gist of it is that according to the agency I failed to return 'registration' information to them by a specific date (about 10 days after the tenancy start), hence they did not protect the deposit. :o

We received no such 'registration' or even mention of this documentation in either this tenancy agreement or a previous tenancy agreement with this agent.

The fact that this defence has been filed leads me to believe that this will now become a case to be heard before the court, which is a positive step.

Secondly, regardless of whether this 'registration' was completed or not, this statement that the deposit was not protected is contrary to the Agents e-mails to me where they stated that deposit was protected, as well as the signed Tenancy Agreement that states and quotes the scheme. Surely this agent should have ensured that I completed this 'registration', especially since the agency has to to ensure the protection of the deposit within 14 days?

Am I incorrect in thinking that they have just shot themselves in the foot by stating that they have not protected the deposit on the defence form?

Can anyone confirm that registration of sorts is required by tenants? I can't find anything on the 3 approved TDS schemes websites that leads me to believe that they require a registration from a tenant.

I will attempt to find other tenants to find out whether they were required to fill out a 'registration'. Additionally, I am also going to try and contact ex-employees of this Agent to ascertain whether they have in the past issued registration documents of sorts to tenants as a pre-requisite for registering a deposit in a scheme. I am hoping that they can be witnesses and provide statements for the case.

There have been a few developments since my last post, generally for the worst, I think, but I am hoping someone can offer some guidance on what I should be looking to do next.

I contacted the court today and they have confirmed that the agent has not repsonded to the claim. I went to the CAB again today and they now said that I should not have put the claim in, rather that at the end of the tenancy I should pursue the deposit from the agent, in the interim I should try and contact the agent and try and resolve this throw communication. I was utterly shocked at this, but there was worse to come. When I got home, I received a letter from solicitors representing the landlords mortgage company notifying us of a possession hearing for the property at the end of January. Besides being in a state of shock and at my wits end I am now totally confused with this whole situation.

The stark and demoralising reality of this situation that some time after Christmas we will be evicted from this property and due to previous financial problems there is just no way we will be able to find a deposit or the advanced rent required by estate agents. Getting this money from the unscrupulous agent has now become a neccessity if we are to avoid having to approach the local council for help with housing.

Can someone please please please advise on any course of action? Do I apply for the judgement for the existing claim (this was for deposit or protection thereof), do I try and use the N208 form as suggested in other threads for the deposit and 3 times the deposit? Any advice will be welcomed please.

I earn a reasonable salary and I don't think I qualify for legal aid but I cannot afford to go to solicitors as I just do not have the cash.

Has anyone been successful yet with regards to claiming money due to non-protection under the TDS?

Hi ConfusedTenant,

I have put my claim in for the depost plus compensation amount, if the court finds that the agent has been non-compliant. I have provided 'evidence' to supplement my claim, copy of tenancy, copies of correspondence with the agent, Tenancy Deposit Scheme correspondence, all dated.

Hi, I probably can't offer too much advice on how to proceed as I only recently started looking at tenants rights but my problem may well be a course of action for yourself.

My problem is related to my agent not protecting my tenancy deposit. (here's the thread http://www.consumeractiongroup.co.uk/forum/tenants/120764-obtaining-court-order-tenancy.html)

Now during investigating this it appears that if your landlord hasn't protected your deposit as specified in the Housing Act (C.34) he cannot serve you with an eviction notice. So did you pay a tenancy deposit?

Hopefully someone else can comment whether this is a reasonable course of action, but I thought it may well be relevant to your situation.

I'm trying to figure out what happens now. I can't find any information on what happens next, i.e. after submitted my application to the court.

If there are any threads (or sites) detailing this I would really appreciate the link.

Yes, as advised by the CAB. As you said before, the court decide whether there was non-compliance.

I was advised to submit a monetary claim, but with the alternative (if the court sees fit) to order the agent to protect the deposit as specified in the Act.

The process is now underway, I have made the application at the county court this morning.

Another development is that yesterday (19th November) I contacted the TDSL again, the agent had literally just added the property to his 'portfolio', but as yet NOT placed any deposit for the tenancy into the scheme. At least this confirms (to a degree) they are still trading.

I have spoken to Shelter who have confirmed that the N1 form is the correct procedure to follow in triplicate . They also confirmed that I should claim for the additional 3x deposit amount. What they could not advise on was how to complete the form in terms of teh claim amount.

I need to consult either the CAB or AN Other as to how to fill out the claim amount, i.e. just the return of the rental deposit amount or the rental amount plus the 3x i.e the prescribed non-compliance amount stated under the statute.

Any help or advice in this regard would very much be appreciated.