Removal of default incurred during bankruptcy

[andynotts]

Hi

 

I went bankrupt in late 2006, owing debts to about 6 companies.

Natwest and HSBC are the only 2 left on my credit report stating defaults on my accounts with them, though they both state them as settled. The dates for the default notices are both 2007, 3 and 6 months after my bankruptcy.

 

Can I do anything to remove the notices or at the very least have them removed from my record at the same time as the bankruptcy which they related to?

 

Additional difficulties are that both accounts are closed and I no longer have account details for them.

 

Having looked at some of the posts here about removing defaults they are from active accounts, how would I go about it on accounts like this which are long closed?

 

Thanks in advance

[BRIGADIER2JCS]

Simple answer is no the default remains for the balance of the six

year period, the fact the avvount(s) are settled or closed the deafult

is correct.

Banks can especially where BR has taken place will stick to the rules.

The only thing you can do is write to the Data Controller of each bank

and ask if they can do anything, although there is no legal reason for

them to agree.

[andynotts]

I'm not arguing about their right to have the default on there but I do disagree with the date they applied the default. Surely this should be the same time as the bankruptcy? Not 6 months after.

[BRIGADIER2JCS]

The ICO Guidance on placing defaults is that

they should be placed ''timely'' and usually

within 6 months of the cause of action so

not much to challenge there, as they have

complied.

All you can do is write to the banks Data

Controllers and challenge the entries on

lateness.

[andynotts]

Thanks for the advice that's still useful to know.

[stu007]

Hi andy

 

Just a question have you actually been Discharged from Bankrupty

[andynotts]

Hi

 

Absolutely I was discharged 6 months after I went bankrupt, way back in 2007

[stu007]

Hi

 

Right this info is from the Insolvency Service Website: www.bis.gov.uk/insolvency

 

if you dont have a "Certificate of Discharge" you can apply to get this from the court the bankruptcy was made and then challenge the bank and the credit reports with the certificate.

 

How do I get my discharge?

You do not have to do anything if you are discharged automatically. If your discharge has been suspended you will need to contact the office that is dealing with your bankruptcy to ask what you need to do to get your discharge. If you would like proof of your discharge, you can get a certificate of discharge from the court that dealt with your bankruptcy. You should not write to the court sooner than two weeks before your discharge date. Give your name, address and court number, taken from the latest correspondence about your bankruptcy. You should receive a certificate confirming your discharge within about four weeks.

Will the court charge me for a certificate of discharge?

The court will charge a fee of £70 for issuing a certificate of discharge. Further copies will cost £5 each.

If you write to the office that dealt with your bankruptcy they will provide a letter confirming your date of discharge. There is no charge for this.

 

The notice of early discharge, stamped by the court, should be accepted as proof of your discharge if you have been given an early discharge.

Will my discharge be advertised?

Your discharge will not be advertised as a matter of course. If you want your discharge to be advertised, you can ask for the official receiver to do this. You will have to pay the costs of the advertisement before it is done.

[andynotts]

If it's based on discharge date they will have passed their 6 year mark before then. I'm under the impression at the moment the bankruptcy disappears 6 years after it was registered which is 6 months before the discharge and ditto for the last default notice

[stu007]

Hi

 

Also this from Insolvency Website:

 

Why doesn’t my credit reference file show that I have been discharged from my bankruptcy? The official receiver does not send any form of notice to credit reference agencies, so they will not know when you are discharged from bankruptcy, unless you pay the official receiver to publicly advertise it.

If you want your discharge recorded on your credit reference file, you should send confirmation to each of the credit reference agencies. A certificate of discharge from the court, notice of early discharge, or a letter from the official receiver confirming the date of your discharge should be suitable. You should ask them to update your credit reference file.

 

The bankruptcy entry will remain on your credit reference file for 6 years from the date of the bankruptcy order, when it will be removed automatically.

 

This link takes you directly to the Discharge From Bankruptcy Section of Insovency Service: http://www.bis.gov.uk/insolvency/personal-insolvency/discharge#dischargeFrom

[username44]

In Martins sticky on default guidance there is a section (47) which states :

 

In normal circumstances lenders will be notified when the debt that is owed to them is to be included in a bankruptcy or IVA. In these cases lenders should file a default relating to an account that is included in an IVA or bankruptcy as soon as they receive the notification. In principle, a default should be filed as being no later than the date of the IVA or bankruptcy. We understand that on some occasions a lender does not immediately become aware of the court’s decision. In these cases, we are satisfied if a lender files a default when they become aware of the position, providing the delay is only relatively short. In these circumstances a lender should backdate the default filed to the date of the bankruptcy or IVA if the customer requests this.

 

You can not possibly default on a bankrupt account. Write to the companies and quote this. I have done it with relatively few problems.

 

Good luck

I cant do links sorry.