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 After discharge if you have no payment order do you still have to comply with the OR ?

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T O P I C    R E V I E W
Pete.cv Posted - 29 April 2013 : 14:37:55
After discharge if you have no payment order do you still have to comply with the OR? I've read confusing websites some say yes some say no.

thanks
14   L A T E S T    R E P L I E S    (Newest First)
Niobe Posted - 03 May 2013 : 18:57:48
Hope it is sorted soon

The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant


pcoventry2 Posted - 03 May 2013 : 17:26:38
Cheers for the advice. I will get onto it :)
Skippy Posted - 03 May 2013 : 16:18:25
If you are unsure about addresses for the data controllers (these aren't always the same as customer services) you can find them on the website of the ICO - ico.org.uk/what_we_cover/register_of_data_controllers.

I'm sure the OR did make contact but it's down to the creditors to get the information right, not the OR.

View my blog at http://skippy13.blogs.iva.co.uk/

The more I have to do with humans the more I think that the world would be a better place if it was run by animals.

Last IPA payment made on 28th June 2010 and I'm now looking forward to getting married in September 2012 - I'm proof that you can go BR and come out the other side.
pcoventry2 Posted - 03 May 2013 : 15:59:07
I've used the information that was on the credit files. I will spend the next week or so writing out and sending such requests. As I said some are for July 2012.

I wish BR just wiped the file clean. most of the accounts have been closed so it does make you wonder if he OR contacted them all or not.
Niobe Posted - 03 May 2013 : 11:31:29
Did you contact the data controller directly? They are the ones who will sort this out for you.

All defaults have to be set to the date of the BR, anything afterwards should be removed.

The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant


pcoventry2 Posted - 03 May 2013 : 11:08:34
I have written to a few. My undertanding was that all debts on a file were set to the default date of the BR and then they fell off at the same time.

In my case it means the largest one will drop off 2 months after my BR does. That is not correct according to the CRA

But welcome finance are b***ers to get hold of and they only do 1 way communication when you owe them. So no luck so far and I wrote to them 2 weeks ago.
Niobe Posted - 02 May 2013 : 12:13:08
Any defaults before the BR will remain on your file but will obviously drop off after six years which will be before the BR does.

Anything afterwards then write to the data controller for each company enclosing a copy of the discharge notice and tell them to amend the date back to the date of BR,

The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant


pcoventry2 Posted - 02 May 2013 : 11:25:53
Thanks for the advice. I spoke to checkmyfile about this and I will contact them via the info they have given me on my file. I have been told a notice of correction is not necessary.

I have noticed alot of the ones still open on my file which were included are showing default dates before or after my BR date ( eg. 12 July 2012) It's my understanding that they should all say default date as 2nd May 2012?

Also just to let you know (not sure where it would go) but the co-op are unprepared to do anything until the BR drops off a credit fil
Niobe Posted - 02 May 2013 : 09:08:28
You can always contact other creditors and ask them to put any default notices placed on your accounts after BR was declared to be removed, that way they will drop off as soon as the five years are up.

The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant


pcoventry2 Posted - 02 May 2013 : 08:57:06
Fair comments - thanks.

I've been working on my credit since the day I went into BR and the 12 month reporting Cashcardplus does is due tomorrow so perfect timing. I know it won't make a difference for another 5 years but thanks to checkmyfile I have it covered.
Niobe Posted - 02 May 2013 : 08:05:06
Personally, I wouldn't bother. You know you are free and as long as you have printed off the copy of the discharge then this is all you need to sort out your credit history when the time comes, or to show anyone who needs to know such as a prospective employer.

The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant


pcoventry2 Posted - 01 May 2013 : 22:07:00
Hello,

Thanks and sorry for the late reply. It took me 2 weeks to get registered and it worked just as the sites use draws to an end.

My discharge should be (if what I read is correct) just under 2 hours from now :)

365 days ago I was led in bed right now in a cold sweat and scared to go to court. Now I will sleep like a baby tonight being officially debt free never to be repeated!

One question please. Is it worth exercising my right to have my discharge put in the gazette? If I have read section 12 of this website right (http://www.insolvencydirect.bis.gov.uk/freedomofinformation/technical/casehelpmanual/D/DischargeFromBankruptcy.htm) then the cost was included in the £525? If not I would be happy to pay it again. What do you think?

Pete
Richard P Posted - 29 April 2013 : 15:28:53
Hi Pete

if you receive an early discharge, the OR will always write in the paperwork that you must maintain lines of communication. The OR has stated that they have finished any investigation into your affairs and are discharging their interest in your estate. The caveat is unless significant change in circumstances.

if you are Automatic discharged (1 year from date of bankruptcy) you have fulfilled your obligations. you could win the lottery the day after discharge and you would not have to contact the OR. you have "served your time"

As Niobe has stated it may take upto 3 years for assets like a house to be dealt with. it is in your interest to maintain contact or they could take an action which you do not agree with.

Good Luck Richard,
Niobe Posted - 29 April 2013 : 15:17:28
Hi and welcome to the forum.

Once you are discharged if you have no IPA. then the OR cannot make an order.

The OR shouldn't contact you unless you have something like a house which might have been taken into account at the start of your BR.

The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant



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