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Hello all happy xmas .Where do i post question about cleaning up credit report 4 years after bankruptcy thanks


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Hi Welcome to CAG,

I'm sure the site team will find the appropriate place for your thread.

 

So post here for now, please give as much information as possible.

 

What actually appears on your CRA files now.

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Hi all

happy xmas

 

I went bankrupt 4 years ago and this is the first time i have looked at my credit report on equifax

 

All the cards i cards and agreements are on there i had.

 

Now what i cannot work out is that although all the credit cards etc on there where included in my bankruptcy it looks like some of them are or have been classed as settled (in green) i did not pay them is this through choice of the companies concerned as they cannot recover the money.Some are showing as defaulted (in red)presumably still from the bankruptcy.

 

Would anyone know if it is possible to get the defaulted account ones which where included in my bankruptcy changed to settled because of the bankruptcy either by applying to them direct or to equifax with proof ???.just seems strange some say settled and i never payed them.

 

Am i correct in saying they come off after 6 years anyway.

 

Thanks all

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They should indeed drop off your file 6 years from the default date. I am not quite sure about the BR though, I suspect that is also held on record for 6 years.

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Hi,

 

You need to obtain a copy of your credit reports so it shows who you owe monies to and have defaulted before your Bankruptcy.

 

Then you need to write to the Data Controller at the Company who owns the debt asking for them to remove the default and and return the balance to £0.00

 

If they do not then you can then take it to the Information Commissioners Office.

 

Send the document by recorded delivery and print off a copy of the received for your own records as you will need these to send to the Information Commissioner if they become involved.

 

If you need a template letter, just ask as I have done this previously for a family member.

 

Stigman

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If a DCA rings you, refuse to go through the security questions & hang up!

 

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Many thanks for reply dont know if it will help by getting things changed but may make a difference

 

Hi,

 

First you need to grab your self some folders or a folder with partitions.

 

As I said in Post #6, you need a copy of your Credit Reference Files, be best to obtain a paper copy as these are the cheapest (£2 postal order) and obtain from both Equifax and Experian. Call Credit is the least used so I never bother with them, use Call Credit only as a guide.

 

You also need both of your Bankruptcy Certificates and Discharge Certificates, the Bankruptcy Certificate was given to you by the Court on the day of your bankruptcy, the Discharge Certificate you have to apply for once again from the same Court, unless your on certain Benefits then their is a charge for this, be best to ring and ask if you do not have this Certificate.

 

Once you have established who is still incorrectly displayed on your Credit Files, then you need to write to them, you can obtain the Data Controllers Address from the following link... http://www.ico.org.uk/esdwebpages/search

 

Write to them enclosing a copy of your Bankruptcy Certificate, Discharge Certificate and a copy of the ICO Guide to Dealing With Defaulted Accounts After Bankruptcy which I have also posted below the template letter.

 

Send all of this via Royal Mail Recorded Delivery, copy the receipt from the Post Office and also print off the online track and trace delivery notification.

 

Template letter Below..............................

 

Data Control Officer

This Creditor

Data Controller Address

 

 

Dear Sir/Madam,

 

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 BANKRUPTCY and subsequently discharged on DATE OF BANKRUPTCY, and COMPANY 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, 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 either the original entry date that your Company listed on the Credit Reference Agency or no later than DATE OF BANKRUPTCY (whichever is sooner), in accordance with the Data Protection Act.

 

• It is requested that you mark the account as to indicate 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.

 

Yours Faithfully

 

 

 

 

 

YOUR NAME

 

Enc:

Bankruptcy Order

Discharge Notification

I.C.O. 2010 Guide To Dealing With Defaulted Accounts After Bankruptcy Discharge

 

****************************************************************************************

 

I.C.O. 2010 Guide To Dealing With Defaulted Accounts After Bankruptcy Discharge Template To print off and include.......................

 

 

 

Relevant Extracts from Bankruptcy - A Guide for the Public – 2010 issued by the I.C.O.

 

 

I’ve noticed that an account that was included in my Bankruptcy is marked in default later than my Bankruptcy. Can I do anything to change it?

 

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.

 

 

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 ‘Satisfied’ or ‘Settled’).

 

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.

 

If the lender refuses to change the date of the default or mark it as ‘Satisfied’ or ‘Settled’ or to indicate in another way that you have fulfilled your obligations to that lender then you can write to us at: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

****************************************************************************************************

 

Any other questions please do not hesitate to ask.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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i will see what happens and let you know

 

Excellent, any problems please update the thread.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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