Tweet
Ok sorry this is a long one concerning Credit Reference Files. I'm basically looking for someone to point me in the right direction of a solicitor that may be able to help me as this is a complex area.
I was declared bankrupt June 2010
I was discharged June 2011
At the time I had a house that was joint mortgaged with my now ex-wife. Following the bankruptcy and breakdown my my marriage I was unable to afford the mortgage and ultimately the property was voluntarily repossessed by Skipton in 2012.
It took until May 2013 for the house to be sold and left a shortfall of around £20,000
Skipton were aware of my bankruptcy and never pursued me for the shortfall.
In late 2013 I decide to start cleaning up my credit file to ensure the debts had been recorded in accordance with the ICO guidance document (Bankruptcy - A Guide for the Public – 2010-2015 inc issued by the ICO)
Most wern't so I needed to write to each to ask that they
1. Recorded the default date as the date of bankruptcy and,
2. Recorded a settlement or partial settlement as of the date of discharge.
All my lenders complied with this (including FirstPlus a secured loan) with the exception of the principal mortgage company Skipton. They had the default date the date of repossession and no partial settlement date.
I complained to the ICO and they investiageted and bizarrely agreed with the lender who claimed the mortgage was not part of the bankruptcy. Unfortunately at the time of the judgement my father had just died, I was suffering with depression and I ended up missing the appeal time limit.
Since then I have obtained a letter from the official receiver confirming the shortfall does form part of my bankruptcy as the mortgage became a contingent debt upon being declared bankrupt.
I then decided that I would take the case to the FOS as I found previous judgements on near identical cases that found in favour of the claimant. However the FOS wouldn't get involved as they said the ICO had already ruled and their guidelines say they won't get involved if another statutory body has made a ruling.
I had my MP write to the ICO to appeal the case citing my personal circumstances but all the ICO said was basically 'tough, we aint budging but as our rulings are not legally binding you can take the case up legally'.
This now leaves me with the option of taking action in the courts against Skipton. I can't afford to sue for deformation and ideally need it to be kept in the small claims court. I remember reading something on here about claiming for damage to credit worthiness and thought I could use that.
Ultimately I don't care that much about compensation just about having the dates recorded correctly so everything drops off my file 6 years post bankruptcy and I don't carry this marker for another 2 years after that.
Any advice or if you know of a solicitor skilled in this area I would GREATLY appreciate your help!!
I attach images showing how Skipton record this on my file and how First Plus have done after agreeing to comply with ICO guidance.
I was declared bankrupt June 2010
I was discharged June 2011
At the time I had a house that was joint mortgaged with my now ex-wife. Following the bankruptcy and breakdown my my marriage I was unable to afford the mortgage and ultimately the property was voluntarily repossessed by Skipton in 2012.
It took until May 2013 for the house to be sold and left a shortfall of around £20,000
Skipton were aware of my bankruptcy and never pursued me for the shortfall.
In late 2013 I decide to start cleaning up my credit file to ensure the debts had been recorded in accordance with the ICO guidance document (Bankruptcy - A Guide for the Public – 2010-2015 inc issued by the ICO)
Most wern't so I needed to write to each to ask that they
1. Recorded the default date as the date of bankruptcy and,
2. Recorded a settlement or partial settlement as of the date of discharge.
All my lenders complied with this (including FirstPlus a secured loan) with the exception of the principal mortgage company Skipton. They had the default date the date of repossession and no partial settlement date.
I complained to the ICO and they investiageted and bizarrely agreed with the lender who claimed the mortgage was not part of the bankruptcy. Unfortunately at the time of the judgement my father had just died, I was suffering with depression and I ended up missing the appeal time limit.
Since then I have obtained a letter from the official receiver confirming the shortfall does form part of my bankruptcy as the mortgage became a contingent debt upon being declared bankrupt.
I then decided that I would take the case to the FOS as I found previous judgements on near identical cases that found in favour of the claimant. However the FOS wouldn't get involved as they said the ICO had already ruled and their guidelines say they won't get involved if another statutory body has made a ruling.
I had my MP write to the ICO to appeal the case citing my personal circumstances but all the ICO said was basically 'tough, we aint budging but as our rulings are not legally binding you can take the case up legally'.
This now leaves me with the option of taking action in the courts against Skipton. I can't afford to sue for deformation and ideally need it to be kept in the small claims court. I remember reading something on here about claiming for damage to credit worthiness and thought I could use that.
Ultimately I don't care that much about compensation just about having the dates recorded correctly so everything drops off my file 6 years post bankruptcy and I don't carry this marker for another 2 years after that.
Any advice or if you know of a solicitor skilled in this area I would GREATLY appreciate your help!!
I attach images showing how Skipton record this on my file and how First Plus have done after agreeing to comply with ICO guidance.
Comment