Default does not end until after my Bankruptcy ends

[stevenwhiteley1979]

Hi

 

I have a quick question I was hoping someone can clarify for me.

 

Can a creditor/debt listed in my bankruptcy have a default date that started after my bankruptcy?

 

I am due to complete 6 years at the end of this month and have just signed back up to one of the credit agencies to make sure everything is in order (I did this when I was first declared bankrupt and had to contact a number of them providing my bankruptcy order and relevant page of my 'statement of affairs').

 

One of my creditors has a default date of September and not March which is the month of my bankruptcy.

 

I believed all listed debts should have same date as bankruptcy, can anyone offer any information on this?

[Stigman]

Hi,

 

Send the following letter to the Data Controller, send via recorded delivery, make sure you print off the track and trace receipt as you will need to send a copy to the information commissioner if the original creditor does not reply.

 

You can get the address of the Data Controller via the following link... http://www.ico.gov.uk/ESDWebPages/search.asp

 

Send the following letter along with a copy of both your Bankruptcy Certificate and your a copy of your Discharge Certificate, amend to suit...

 

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

 

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 DISCHARGE, and INSERT COMPANY NAME 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

 

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

 

Also, include a extract from the ICO with dealing with Defaulted Accounts....

 

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

 

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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Stigman

Edited March 25, 2013 by Stigman