Bankruptcy, CRAs and Default notices

[Boilerman]

Hi all, spent the last hour navigating round the site for answers

forgive me if this is the wrong place to post this enquiry.

 

In October 2014, due to ill health and having to give up a very well paid job, I couldn't satisfy my debts, before illness I could easily afford car payments etc.  I was advised  by my IFA that bankruptcy would be the only way forward. March 2015, I went through the process of declaring myself bankrupt, a very soul destroying process I have to say.

 

I recently had occasion to check my credit score through Transunion, Equifax and Experian, and find that most of my old debts have disappeared from my report apart from 2 from O2 and one from FGA (for car loan),  They appear to have issued continuous default notices and renewing the entry every year. 

 

The first default notice from FGA appeared 2 months after the Bankruptcy, and the notices from O2 7 Months after,  I have written to FGA twice and have had no reply and O2 want a certificate of Discharge which cost £70, something I can;t afford.  I've been trying for weeks to resolve this an getting nowhere, can anyone help please

[AndyOrch]

How did you apply for you Bankruptcy...if it was done on line there is no fee for the certificate of discharge.

 

Also ....

 

Quote

Your discharge from bankruptcy will happen automatically, so you won't necessarily get proof sent to you.

Email the Insolvency Service [email protected] to get a free confirmation letter. You should only ask for this after the discharge date.

 

https://www.citizensadvice.org.uk/debt-and-money/debt-solutions/bankruptcy-2/after-you-go-bankrupt/discharge-from-bankruptcy/

 

Andy

 

[dx100uk]

also i believe under the IVA rules a debt should be marked as defaulted in its summary on or before the IVA start date. not just D in the calendar section.

 

the debts should not be showing at all.

 

 

[Boilerman]

Hi Andy, I applied online but was required to go to court and and give them relevant paperwork and feel

 

All my credit card card debts for three cards no longer show, just O2 for "loan" and outstanding amount for service charge,

 

I disputed this at the time as I was able to pay the service charge monthly call charges if you like, but they refused and disconnected my number as they pulled the plug i didn't consider that I was liable for any future charges. 

 

FGA have just today renewed the entry on equifax, the CRAs should Chase this in my opinion as it appears to me to be a false entry.

[dx100uk]

so you bought a phone too from o2?

 

[Boilerman]

Yeah it’s part of the contract but they separated it to loan and service after the bankruptcy

 

Hi, do you mean independent voluntary arrangement as opposed to bankruptcy?, as all the debts were included in the bankruptcy   

[dx100uk]

opps sorry i was on a small screen an thought IFA was IVA..

 

i believe the rules are the same though

all debts must be marker defaulted (I'e same as issuing a Default Notice) on or before BK .

 

the CRA's should know this if you provide proof of BK and everything should be removed.

 

[Boilerman]

Hi thanks for the info, I'm still struggling,

I have a letter of discharge so discharge was one calendar year of bankruptcy.

 

What is confusing for me is that there are notices of default with the CRAs that are after the date of my bankruptcy but before I was discharged.  I was under the impression that default notices can't be issued after the bankruptcy date.  I could do with some clarification on this if possible.

 

I have written to the CRAs and they tell me it is up to the client (My  Creditors) to add remove entries.  However if those entries should be there how can I bypass the (creditors and insist the CRAs remove the entries?

 

Sorry if I seem a bit hapless it is worrying me as the years are creeping up on me and I don't want any issues on my credit report should anything happen to me.

 

Thanks again

 

Kind regards

Ken

[dx100uk]

might be worth just letting them know you were declared bankrupt, case number, date and court it was heard in...

and the discharge notice 

 

demand they remove all trace of any debt that was within the BK, tell them they have 14 days or you will raise a serious complaint with the ICO and seek financial damage.

 

it is NOT solely down the the named creditor, though you could hit them with the threat first.