Bankruptcy Advice

[sarhoff76]

Hi

Some advice needed please.

I declared myself Bankrupt in June 2010 and was discharged from this in June 2011.

Most of my creditors who were included in the Bankruptcy then gave a default date of June 2011, however some of them have continued giving my defaults for every month on my credit report right up to todays date, and they have stated that the amount I owe them is the same as when I went bankrupt.

I know that the amount should not be the same as before I was bankrupt I was involved in an IVA and had paid four years of money towards this which was then divided up between all my creditors when I went bankrupt.

My question really is should they still be actively defaulting me every month and stating that I still owe that amount to them?

Any help much appreciated.

Sarah

[citizenB]

I would have thought the default date would have been at the time you entered the BR ? I think they can report to the Credit reference Agencies for up to 6 years.

 

I will try and find someone who can give some proper advice for you.

 

I guess you could speak to someone on the help desk at the Information Commissioners Office as well.

[sequenci]

You need to send proof of bankruptcy to any organisation that is still processing data on your file and ask them to change the date to reflect the bankruptcy date. In essence, any default date should reflect the date of the bankruptcy at the latest. If they refuse to amend the information you should take your complaint to the Information Commissioner.

[sequenci]

Here's a letter that you can use:

 

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 and subsequently discharged on , and 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 required that you default the account, and that the default entry must be no later than , in accordance with the Data Protection Act.

 

• It is also required 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.

 

Please note that if this account falls within the remit of the FOS, I will also be submitting a separate complaint to them regarding this matter if the Credit Reference Files are not correctly updated.

 

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

[sarhoff76]

Many thanks for your advice, I will contact each company that is doing this and if I get no joy I will then contact the Information Commissioner.

 

I did dispute the information held by the Credit Reference Agency, but they rejected my dispute, but failed to tell me why, which wasn't very helpful.

 

Again thank you for your advice.

 

Sarah