Announcement

**philnicandamy** · 6 April 2012, 14:52

Re: Credit Reference file clean up Post Bankruptcy

[SIZE=4][B][U]Part 2[/U][/B][/SIZE]

If the information on your Credit file is incorrect you will need to write to the Data Controller of the Bank/Credit card or Debt credit agency, with your B.O. (Bankruptcy Order) and if you have proof of discharge (photocopy of the IS site or your Certificate of Discharge), send Recorded Delivery.

To find the address of your Data Controller - [URL="http://www.ico.gov.uk/ESDWebPages/search.asp"]Click here[/URL]

Type in name, address etc and press Search Register. This site houses a copy of the public register and it is updated daily.

If you can't find the address then do ask on the BR Forum.

[B]LETTER TO FORMER LENDERS POST BANKRUPTCY.[/B]

[Quote]

[RIGHT]Your Address
Goes Here[/RIGHT]

Data Control Officer
This Creditor
Data Controller Address

Dear Sirs

Re: Account Number [COLOR=DarkOrange][B]xxxxxxxxxxx[/B][/COLOR]

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 [COLOR=DarkOrange][B]<Date of your bankruptcy>[/B][/COLOR] and subsequently discharged on [COLOR=#ff8c00][B]<Date of Discharge>[/B][/COLOR], and [COLOR=#ff8c00][B]<name of creditor>[/B][/COLOR] 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, [U]and despite several written requests to your customer services[/U] , as yet your company has failed to correct the entries as required.

• It is required that if you intend to default the account, the default entry must be no later than [COLOR=#ff8c00][B]<Date of your bankruptcy>[/B][/COLOR], in accordance with the Data Protection Act.

• It is 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.

[B]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.[/B]

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

Relevant Extracts from Bankruptcy - A Guider for the Public – 2010 issued by the ICO

[B]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?[/B]

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 [URL="http://www.ico.gov.uk/complaints/data_protection.aspx"]we may be able to help[/URL]. You will need to send us:
[LIST][*]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.[/LIST]
[B]What happens to defaulted accounts on my credit reference file?[/B]

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 ‘partially satisfied’ or ‘partially settled’ or in some other way).

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 [URL="http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_explained_leaflet_2005.pdf"]Credit Explained[/URL].

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, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.[/Quote]To find the correct address to send it to, which MUST be the Data controller not customer services, enter the company details at the ICO site for Data Controllers

[URL]http://www.ico.gov.uk/ESDWebPages/search.asp[/URL]

Or the phone the creditors customer services and ask for the details.

[COLOR=red][B]PLEASE NOTE[/B][/COLOR]

That the date that the CRF's should show as being [B]settled or satisfied, should show any date between your bankruptcy date and your discharge date, but NO LATER than your discharge date.[/B] This is the new guidance that the ICO applies following several precedent determinations between them and the creditors.

New guidance has been issued by the ICO and I have incorporated this into the above information. The main changes are that they now publicly state that an account can be marked as 'partially settled or satisfied'. [B]When writing to former lenders you MUST now quote the new guidance. [/B]

On the 18th June 2007, the Information Commissioners Office released a new FAQ on Bankruptcy and Credit Files.

This new publication has brought together all the minor changes since the 2005 guidance into one document.

I have incorporated the relevant wording changes into the template letter

The full PDF document can be found here:

[LIST][*] [URL="http://ico.org.uk/concerns/handling/%7E/media/documents/forms/concerns/information-handling-form.pdf"]Information handling concerns[/URL] (PDF)[*] [URL="http://ico.org.uk/concerns/handling/%7E/media/documents/forms/concerns/information-handling-form-word.docx"]Information handling concerns[/URL] (Word)[/LIST]

[B]
How Long Will It Take Getting Them Updated?[/B]

From the time you receive your CRFs’ and send your formal request for the creditors to update.

Allow 28 days (plus about 14) for the files to update.

If they have NOT been updated after 2 months then raise the complaint to the ICO

The ICO is SNOWED UNDER so you need to allow them around 60 days.

Total time about 3 months

[URL]http://ico.org.uk/concerns/handling/report_your_concern[/URL]

**philnicandamy** · 6 April 2012, 14:53

Re: Credit Reference file clean up Post Bankruptcy

[SIZE=4][B][U]PART 3[/U][/B][/SIZE]

If your creditors still haven't got your information send this second letter Recorded delivery and proof of your 1st Recorded letter along with your B.O. (Bankruptcy Order) and if you have proof of discharge (photocopy of the IS site or your Certificate of Discharge)

[Quote]
[SIZE=4][U][B]FINAL REMINDER.[/B][/U][/SIZE]

[U][B]NOTICE - LETTER BEFORE ACTION – BREACH OF THE DATA PROTECTION ACT BY [COLOR=DarkGreen]CREDITOR.[/COLOR][/B][/U]

Dear Sir/Madam,

I refer to my letter dated [COLOR=DarkGreen][B]xx/xx/20xx[/B][/COLOR] and received at the registered address of your Data Controller on [COLOR=DarkGreen]xx/xx20xx[/COLOR]. Proof of your receipt of this is attached.

In my letter I required you to correct the information on my Credit Reference Files in accordance with the Data Protection Act and the guidance issued by the Information Commissioner.

I was declared bankrupt [COLOR=#000000]on [/COLOR][COLOR=DarkGreen][B]xx/xx/20xx[/B][/COLOR][COLOR=#000000] and subs[/COLOR]equently discharged on [COLOR=DarkGreen][B]xx/xx/20xx[/B][/COLOR], and an account held with[COLOR=#000000] [B][COLOR=DarkGreen]CREDITOR[/COLOR][/B] at the time was covered by this bankruptcy[/COLOR].

Namely:

[COLOR=DarkGreen][B]Details of account(s)[/B][/COLOR]

For your convenience I also included with my initial letter:

[COLOR=DarkGreen][B]List of documents you included.[/B][/COLOR]

[COLOR=DarkGreen][B]Include them again.[/B][/COLOR]

I required that you:

- Mark these accounts in some way to indicate that these accounts are settled or satisfied.

- Amend the default entry to be no later than [COLOR=green]<Date if your bankruptcy>[/COLOR], in accordance with the Data Protection Act.

You had 28 days to correct this information.

[COLOR=#ff0000][U][B]You have so far failed to comply with this request and your obligations under the Data Protection Act.[/B][/U][/COLOR]

Therefore I wish to remind you of your obligations and give you a final chance to correct the information.

You have 28 days from receipt of this letter to do so.

Should you fail to make the corrections required, further formal action will be taken.

I would appreciate your due diligence in this matter.

Yours faithfully

-----------------------------------------------------------------------------------------------------------------------

Relevant extract from Bankruptcy - frequently asked questions – issued by the ICO

[B][COLOR=DarkGreen]As in original letter....[/COLOR][/B][/Quote]Then if they still haven't corrected you details then it's time to complain.

[SIZE=4][U][B]How to raise a complaint with the Information Commissioner[/B][/U][/SIZE]

This has been produced after consultation with the Information Commissioners Office (ICO) and is what they require for you to raise a complaint. If you do not provide the information they need then the complaint WILL be returned to you as they cannot action it.

This guidance should only be used [B]AFTER[/B] you have written proof that you have contacted the Creditor / DCA concerned, and you have waited MORE than 28 days from them receiving your request for them to comply AND you have a copy of your Credit Reference Files that are NO MORE than 90 days old, that shows they have FAILED to comply with your request.

[I]Please note that written proof that you have asked a Credit Reference Agency to investigate an inaccuracy IS NOT accepted as proof that you have contacted the Creditor / DCA. This is why this forum advocates that you MUST address your initial complaint directly to the Creditor / DCA.
[/I]
Process to be used for [B]EACH[/B] individual Creditor / DCA:

You have an incorrect entry on your Credit Reference Files .

[U][B]
[COLOR=Blue] Step 1.

[/COLOR][/B][/U][INDENT][U][B](Note:[/B][/U] If you are checking/correcting your files after bankruptcy, then the letter referenced below is the letter in [URL="http://forums.moneysavingexpert.com/showpost.html?p=7834441&postcount=2"]post #2[/URL] of this thread. If you have already sent this letter, allowed the creditor the time below to update the files, and on checking again they have failed to do this, then just go to [B][U][COLOR=Blue]Step 2.)[/COLOR][/U][/B]

You must write to the Data Controller of the company concerned, (the relevant information can be found at the end of this post as to how to find the correct Data Controller).

You [B]MUST[/B] send your letter by recorded delivery.

You must allow at least 28 days from receipt for a reply or for them to update the incorrect entry. The ICO also recommend that you allow a further 7 days to give the CRA systems to be updated.

Check your Credit Reference files again.

If the entries have been correctly updated there is no need for a complaint.

If the entries have NOT been corrected you then need to obtain an ICO Complaint form from the ICO (the links at the end of this post will tell you how to get them).

[/INDENT]
[COLOR=Blue][U][B] Step 2.

[/B][/U][/COLOR][INDENT]You must complete one form for [B]EACH[/B] Creditor / DCA but this can complain about several aspects such as incorrect default date, not marked as settled, etc.

You MUST include the following as evidence:[INDENT]- A copy of the relevant entry from the Credit Reference Files which MUST be no younger than 35 days after you sent to complaint letter to the Creditor / DCA.

- A copy of the ORIGINAL recorded delivery letter you have sent.

- Proof of delivery (Obtained from the Internet is acceptable).

- Copies of any Replies that you have received.

- The completed complaint form.
[/INDENT]
You must send this by recorded delivery.

The ICO will acknowledge receipt but this can take several weeks, as they are extremely busy.

The ICO will write back to you telling you how they have dealt with the matter (or may ask you for more information).

If they have found in your favour they will formally request the Creditor / DCA to amend the Credit Reference Files.

If they have found in favour of the Creditor / DCA they will write to you and explain why.

[/INDENT]
[U][B][COLOR=Blue] Step 3.
[/COLOR]
[/B][/U] If they have found in your favour, you MUST check your Credit Reference Files after waiting a minimum of 6 weeks after you have been informed, and no later than 9 months.

If the creditor has amended the entry then the matter is closed.

If they have failed to amend the entry then raise a further compliant to the ICO informing them that the Credit / DCA has filed to follow their request and ICO will then serve an enforcement Notice and issue a fine if necessary (Please note that this step is extremely rare).

To find the address of your Data Controller - [URL="http://www.ico.gov.uk/ESDWebPages/search.asp"]Click here[/URL]

Type in name, address etc and press Search Register. This site houses a copy of the public register and it is updated daily.

If you can't find the address then do ask on the BR Forum.

To ICO complaint forms.

In Word Format (Only use if you have scanned copies of all documentation):

[URL="http://ico.org.uk/concerns/handling/%7E/media/documents/forms/concerns/information-handling-form-word.docx"]Information handling concerns[/URL] (Word)

In PDF Format:

[URL="http://ico.org.uk/concerns/handling/%7E/media/documents/forms/concerns/information-handling-form.pdf"]Information handling concerns[/URL] (PDF)

To the ICO site with further information:

[URL="http://www.ico.gov.uk/complaints/data_protection.aspx"]Complaints about data protection policy - ICO
[/URL]

Telephone Number for the ICO:

01625 54 57 45

Please also consider reading our section Credit Reference Agencies written by Niddy Below:-

[B][URL="http://forums.all-about-debt.co.uk/forumdisplay.php?f=34"]Credit Reference Agencies - allaboutFORUMS[/URL][/B]

If you wish to discuss the "Clean up" of your Credit Reference Files and don't wish to start your own thread, then please use this thread:-
[B]
[URL="http://forums.all-about-debt.co.uk/showthread.php?t=5470"]Bankruptcy Credit Reference File Clean Up - Discussion - allaboutFORUMS[/URL][/B]

**Never-In-Doubt** · 6 April 2012, 15:16

Re: Credit Reference file clean up Post Bankruptcy

[QUOTE=IF;172680]
To access your credit report from any of the main 3 agencies please use the links below or consider using our in-house guide which has direct links to statutory online/offline reports as well as postage ones with the relevant links and addresses for contacting the respective agency direct.

[B]In-House CRA Information:[/B]
[LIST][*][URL="http://forums.all-about-debt.co.uk/showpost.php?p=75&postcount=2"]allaboutFORUMS - View Single Post - All About Credit Reference Agencies & CIFAS[/URL][/LIST]
[B]Direct links to the CRA's: [/B]
[LIST][*][B]Experian[/B] - [URL="http://www.experian.co.uk/"]Click here[/URL][*][B]Equifax[/B] - [URL="http://www.equifax.co.uk/"]Click here[/URL][*][B]Callcredit[/B] - [URL="http://www.callcredit.co.uk/"]Click here[/URL][/QUOTE][/LIST]
IF, I have edited post 1 to read as the above quote - as we also link to FPA's and the like which is obviously relevant here as well.

Thanks - good job. :clap :clap

IF · 6 April 2012, 15:18

Re: Credit Reference file clean up Post Bankruptcy

[QUOTE=Never-In-Doubt;172689][/LIST]
IF, I have edited post 1 to read as the above quote - as we also link to FPA's and the like which is obviously relevant here as well.

Thanks - good job. :clap :clap[/QUOTE]

Thanks Nid :free-happy-smileys-

**confused76** · 7 April 2012, 22:58

Re: Credit Reference file clean up Post Bankruptcy

thanks IF, great work x

**Undercover Elsa** · 8 April 2012, 07:26

Re: Credit Reference file clean up Post Bankruptcy

Great job, your IFness :applause

Announcement

Credit Reference file clean up Post Bankruptcy

Credit Reference file clean up Post Bankruptcy

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