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Clarification sought on CRA file defaults and insolvency


Grid66
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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?

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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.

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