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| darrenp746 |
Posted - 08 February 2010 : 17:14:54
Hi all,
I was discharged on 21st oct 2009, and have written to all who creditors to get my credit history cleaned up. All creditors have updated the default dates and marked the accounts as either part satisfied or satisfied except one. I sent a copy of my bankruptcy order to them, but as i havent a discharge certificate (£60) i sent a copy of my experian credit report showing discharge date as recorded on my file by experian, all other creditors accepted this except Shop Direct Finance Company Ltd, my question is are they being reasonable by insisting on the certificate? they say they wont mark as satisfied until they have a copy of the certificate, do i need to get it, or report them as being unreasonable and not updating my report as they should after the 28 days i orignally gave them to sort it out? please advise
thanks darren |
| 6 L A T E S T R E P L I E S (Newest First) |
| gettingoutofdebt |
Posted - 09 February 2010 : 06:49:11
I would definitely follow-up with a strong letter and then report then if they refuse to budge although there is an ICO document (http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/bankruptcy_faqs_v2003.pdf) that 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).
Did you print off a copy of the Register showing you were discharged? If so, this can be used as proof of discharge.
I would say send them a strong letter, with a copy of the Register showing you as discharged if you printed it off, and if they don't budge then report them.
This is going to be cheaper than the £60 you will have to pay for the discharge certificate. From what Housing has said this creditor doesn't seem to take any notice of individuals so it may take a letter from the Information Commissioner to get any sort of positive reaction from them any way.
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| darrenp746 |
Posted - 08 February 2010 : 20:08:21
thank you for your message. The letter i sent them was copied from that link, they replied saying they had updated default date but wouldnt mark as satisfied until i sent a copy of the discharge certificate. As other companies have been ok with copy of discharge shown on experian report was hoping they'd accept same, as would rather not pay extra £60. Do you suggest i write a strongly worded follow up saying they should check the IR register and that if they dont comply then i will report them?
quote:
Originally posted by gettingoutofdebt
There is no need for the creditors to see a discharge certificate in order to update your credit record. The way that they knew you were BR was via the Insolvency Register so now that you are no longer on there you would have been discharged.
Have a read of the following thread - http://forums.moneysavingexpert.com/showthread.html?t=677875 There is a letter that you can send to any creditors who refuse to update the credit record.
Remember it is the creditors responsibility to keep your details up to date and not your responsibility to have to convince the creditor. If they refuse to budge then there is further information in the link I posted on how to report the creditor to the Data Protection Registrar.
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| gettingoutofdebt |
Posted - 08 February 2010 : 17:56:07
There is no need for the creditors to see a discharge certificate in order to update your credit record. The way that they knew you were BR was via the Insolvency Register so now that you are no longer on there you would have been discharged.
Have a read of the following thread - http://forums.moneysavingexpert.com/showthread.html?t=677875 There is a letter that you can send to any creditors who refuse to update the credit record.
Remember it is the creditors responsibility to keep your details up to date and not your responsibility to have to convince the creditor. If they refuse to budge then there is further information in the link I posted on how to report the creditor to the Data Protection Registrar.
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| Housing |
Posted - 08 February 2010 : 17:47:05
You are right at one level, but all the other creditors appear to have accepted an Experian confirmation.
I have to say ShopDirect are impossible to deal with - I have a wadge of paper 2" thick with correspondence with them over disputes and their unacceptable attitude.
Perhaps if their operatives (who are very rude), had the experience of managing debt, they would behave more reasonably!
Not wanting an arguement, but as you say, in law, they are entitled to see the cert of discharge, but in the real world...
Regards, Richard
quote:
Originally posted by RHB
TBH, I don't think they are being unreasonable, that's what a discharge certificate is for. yes, it's great that the others have accepted it though.
"Life is generally something that happens elsewhere" (Alan Bennett - author and one of my best heroes!!) |
| RHB |
Posted - 08 February 2010 : 17:29:46
TBH, I don't think they are being unreasonable, that's what a discharge certificate is for. yes, it's great that the others have accepted it though. |
| Housing |
Posted - 08 February 2010 : 17:23:19
Hi
Shop Direct or Littlewoods or Very (all the same co) are without parents!!) (Bast****!)
I suggest a strongly worded letter to them to say that you have informed them that you are now discharged - they have seen the evidence with the Experian file note - you do not want them to doubt your integrity and say that if they want to check the IR thay can see it there as plain as plain can be and that unless they accede to your request to show the debt as satisfied you will go to the Financial Services Ombudsman with a formal complaint. Quite clearly, they are being unreasonable and you do not have spare money to spend £80.00 just for them - tell them all other creaditors are satisfied that you are discharged
I wish you well - my wife, who is not BR but has a payment arrangement with them is with the Ombudsman at the moment with this scum bag firm - they try the patience of a saint!!
Good luck, Richard
"Life is generally something that happens elsewhere" (Alan Bennett - author and one of my best heroes!!) |
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