Statute Barred debt still being Reported

[Stigman]

Hi Gavmoulds,

 

If the above debts were before your bankruptcy then contact the data control officer at the each creditor, you can find out the address by putting in the Companies name here... https://ico.org.uk/esdwebpages/search

 

Send each creditor a letter along the lines of...

 

 

Dear Sir/Madam,

 

Re: Account Number: xxxxxxxx

 

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 xx/xx/xxxx and subsequently discharged on xx/xx/xxxx, and insert 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 YOUR BANKRUPTCY DATE (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 calender 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.

 

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I would also enclose a copy of the guidance issued by the Information Commissioners Office.....

 

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.

 

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Enclose copies of both your Bankruptcy & Discharge Certificates, send via recorded delivery because if you need to make a complaint to the ICO, the ICO can clearly see that you have sent the request, that the request has been received and has either been ignored or failed to act on.

 

Stigman