Credit Files
Friday, July 10th, 2009All of my files are up to date now apart from Tesco, and I’ll probably let that drop off my file in it’s own time.
There have been a lot of posts recently about ‘cleaning’ your credit files, so I thought it might help if I posted what I’d done in a bit more detail.
Before you start the clean up you need to get copies of your credit files from the 3 main agencies, Experian, Equifax and Call Credit:
Experian Ltd
Consumer Help Service
PO Box 8000
Nottingham
NG80 7WF
Tel: 0870 241 6212
http://www.experian.co.uk
Equifax
Credit File Advice Centre
PO Box 1140
Bradford
BD1 5US
Tel: 08705 143700
http://www.equifax.co.uk
Callcredit PLC
Consumer Services Team
PO Box 491
Leeds
LS3 1WZ
Tel: 0870 060 1414
http://www.callcredit.co.uk
I found the letter below on another forum, and it definitely works. The wording is for after bankruptcy, but it wouldn’t be difficult to alter it for after an IVA:
Your address:
XX XXXXXXXX XXX
XXXXXXX
XXXXXXX
XXXX XXX
Data Control Officer
e.g. Next Retail Limited
Desford Road
Enderby
Leicester
LE19 4AT
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 of your bankruptcy>and subsequently discharged on <Date of Discharge>, and <name of creditor> 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, and despite several written requests to your customer services , 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 <Date if your bankruptcy>, in accordance with the Data Protection Act.
• It is requested that you mark the account in some way as to indicate that it is settled or satisfied, in accordance with the Data Protection Act.
• If you have sold the debt on, according to the Information Commissioner, you are still liable to ensure that both you and the new holder are aware and that as the originator of the information it is your responsibility to ensure that it is corrected.
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.
I have copied the relevant information provided by the Information Commissioner as an attachment to this request.
Yours faithfully
xxxxxx xxxx
Enc:
Bankruptcy Order
Discharge Notification
Frequently Asked Questions - Bankruptcy
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 Statement of Affairs at the time of the bankruptcy, you can ask the lender to change the date of the default to the date on your Bankruptcy Order. To do this, you should write to the lender and ask them to change the default date to the date of the 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 you can contact us using the enquiry form on our website (http://www.ico.gov.uk). You will need to send us:
a copy of the Bankruptcy Order or document that confirms the date you were made bankrupt;
proof that the debt in question was included in your bankruptcy;
and a copy of the lender’s letter which says it won’t change the date of the default.
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.
To find the address of the data controller (not necessarily the same as customer services) you can search on http://www.ico.gov.uk/ESDWebPages/search.asp
If your creditors don’t or won’t update your files you can report them to the Information Commissioner and he has the power to force them to do this. Be warned it’s a slow process though! The website of the ICO is http://www.ico.gov.uk/
