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focus320
Starting Member

27 Posts

Posted - 21 September 2009 :  13:07:50  Show Profile  Reply with Quote
Since being discharged in May 09, I have been busy trying to ‘clean up’ my credit file as best as possible. All but 2 creditors have now updated my file to settled or satisfied, however one of them (a finance company called RCI) have responded with the following;

‘We are unable to correct the information on your credit file as the information shows a true reflection of your account. We have put a default against your name, this is an enforcement that was placed during the time you were bankrupt. At the current time your account is neither settled or satisfied and so again this will not be amended.’

Has anyone else had a similar response from a creditor ? or does anyone know if they are within their right to leave the default in place now that I am discharged ??
Thank you in advance !

gettingoutofdebt
forum expert



2418 Posts

Posted - 21 September 2009 :  17:47:52  Show Profile  Reply with Quote
Have a look at the following
- http://forums.moneysavingexpert.com/showthread.html?s=cb2f11b2c3b30cb86f39aa7acf342114&t=677875

This mentions that the status should at least be 'partial settlement' rather than default. It also mentions

quote:

What happens to the 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 included on your Statement of Affairs.

The lenders whose debts were included in your bankruptcy 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.

Finally, if you wish, 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.

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.



There are a couple of letter templates on that thread that can be sent to the creditor and if they still refuse to update the credit file and leave it as 'default' then you can raise a complaint with the Information Commissioner.
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Skippy
forum expert



United Kingdom
3290 Posts

Posted - 21 September 2009 :  21:17:45  Show Profile  Reply with Quote
The creditor has to mark your file as at least partially satisfied, but they only have to remove defaults after your BR date, any defaults prior to that stay on file.

Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.

View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/

26 IPA payments made, 10 to go - on the home straight!
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