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Life after bankruptcy advice

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(@janec83)
Active Member
Joined: 15 years ago
Posts: 10
Topic starter  

I cannot believe how quickly the time is flying in but I am happy to say that in 8 short months my contributions will finish & my Trustee should be discharging themselves! The team at Henderson Loggie have been a dream to work with and life certainly looks a whole lot brighter then it did 3 years ago!

My question is in relation to tidying up my credit file and getting it back to a healthy state [^] - Having entered into my sequestration on the 28/11/2011 and then being discharged by process of law on the 28/11/2012 I have continued to make monthly contributions to my Trustee.

On checking my credit report, many of my old bad debts are showing as 'Defaulted' Which is indeed correct however in the dates satisfied section no details are showing. Should this not state 'Satisfied' or 'Partially satisfied'?

If this information should be showing as satisfied since I have now been discharged can I get a Discharge Notification to notify my creditors? Where will I get this from? Or do I have to wait for my Trustee to discharge themselves from my estate in November before this info will be updated?

As always your help and assistance is very much appreciated!


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Hi janec83.

I don't know the answer for sure, but I'm guessing that your creditors should probably have updated your credit file when you were discharged. That's the case for a protected trust deed.

If you want to know for sure give the Information Commissioners Office a call. That's what we did regards trust deeds and they were really helpful.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@janec83)
Active Member
Joined: 15 years ago
Posts: 10
Topic starter  

Hi TDA,

Thank you kindly for getting back to me [:)] I shall give them a call in the morning regrading my bankruptcy and repost their response for info to others.

Janec83 xox


   
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(@juliet)
Trusted Member
Joined: 14 years ago
Posts: 79
 

Hi, I, too am a discharged bankrupt and have 2 more payments to make before hopefully being discharged by trustee, like you I have had no issues with trustee and hopefully the discharge will be painless. I have kept an eye on my credit file and all of my debts are showing as closed and satisfied. The only one I had any problems with was RBS, I had to go to ombusdman to force them to update my credit file and close the account. All the others done it themselves they included MBNA and Santander.

j smith


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Thanks for sharing that juliet. It does sound as though the same principle is being applied to bankruptcy as it does with trust deeds. I can see no reason why that wouldn't be the case but it's always good to hear that this is what seems to be happening in reality.

Janec83 - it would be brilliant if you could share what you learn from the ICO. Thanks for offering.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@janec83)
Active Member
Joined: 15 years ago
Posts: 10
Topic starter  

Hi Juliet & TDA,

Thank you for the info! I will get in touch with the ICO and ask them what I can do to get it cleared up.

Juliet - Did the updates start to happen after you were discharged from your br? Did you write to RBS and send them a copy of your discharge notice? Did it take them long to resolve the issue.

Of course TDA, will be happy to let everybody know what the ICO have to say on it as I am sure many would like to know.

Thanks again!


   
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(@janec83)
Active Member
Joined: 15 years ago
Posts: 10
Topic starter  

An update [:)] I have spoken to a lovely gent at the ICO and he has informed me that my credit report should indeed be showing as 'Settled' or 'Partially Settled' from the date of my discharge from br on the 28/11/2012. The information that is showing is incorrect and that in the first instance I should write to the Data Protection Officer or Data Protection Manager of each creditor to inform them of this error and to update their records accordingly.

The ICO have said that I should keep a copy of all letters and to also send them a copy of the letter I received from My trustee to show my discharge. I should give them 28 days to respond from the date of my letters and should I receive no response then I am to contact the ICO again and they will then chance the changes with the creditors.

I shall keep you all posted with further updates! [^] Better get started on my letter [:D]


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

That's really useful to know janec83.

I'm glad that you've got the news that you were hoping for, that you have the chance to get your credit file updated, and that my gut-instinct was correct!

Thanks for taking the time to share it as well. The forum's really working very powerfully this morning.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@plasticdaft)
Noble Member
Joined: 16 years ago
Posts: 1594
 

Make sure you mention in your letters to the data controllers that you are acting on instruction from the ico and that they wish to be updated when companies comply or fail to comply. Good luck. Remember to send letters by recorded delivery so companies cannot claim to have not received them.

paul

Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.


   
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(@janec83)
Active Member
Joined: 15 years ago
Posts: 10
Topic starter  

Hi TDA & Paul!

Yes the Forum if full of valuable information and has always been a great source of help for me [:D]

Thanks Paul, I will be sure to keep a record of postage and everything else that has been sent.

I have drafted a letter to send to said creditors, see below as it maybe of benefit to others on the Forum. Let me know if I should add anything in.

Your name & Address

Data Control Officer
This Creditor
Data Controller Address

Dear Sirs

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> and subsequently discharged on <DATE>, and <name of creditor> was included within the Bankruptcy. For your convenience I have attached my bankruptcy Order and Discharge Notification from my Trustee.

Currently the information that you have recorded against my name with the Credit Reference Agencies is factually incorrect.

ÔÇó It is required that if you intend to default the account, the default entry must be no later than <DATE> in accordance with the Data Protection Act.

ÔÇó 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.

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.

Yours faithfully

Name

Enc:

Discharge Notification
Bankruptcy Order


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

Good stuff, janec83. That should get things moving.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@juliet)
Trusted Member
Joined: 14 years ago
Posts: 79
 

Hi, I wrote to RBS and sent them a copy of my discharge certificate twice, they ignored me, then I wrote to ombudsman and low and behold within about a fortnight I got a letter from RBS and when I checked my credit report it was showing as satisfied, the date is about a week later than it should be but I don't think this is worth worrying about.

All the others were updated when I checked not long after my discharge.

j smith


   
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(@janec83)
Active Member
Joined: 15 years ago
Posts: 10
Topic starter  

Thanks Kevin! Hopefully my creditors won't drag there heels to much.

Thanks Juliet for getting back to me! One more question if I may. When you say 'Discharge Certificate' did you use the letter you received from your Trustee or did you get and actual certificate from another source?

Thanks in advance.


   
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(@juliet)
Trusted Member
Joined: 14 years ago
Posts: 79
 

Hi, I didnt get a letter from my trustee, I contacted AIB and paid £11 to have the certificate sent to me.

j smith


   
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(@janec83)
Active Member
Joined: 15 years ago
Posts: 10
Topic starter  

Brilliant! Thank you kindly Juliet, your info has been brilliant!


   
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