Author Topic: SIX YEARS OF HELL - NOW WHAT HAPPENS??  (Read 2294 times)

steve707

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SIX YEARS OF HELL - NOW WHAT HAPPENS??
« on: Mar 14, 2010, 04:15:38 PM »
I've been discharged from bankruptcy since 2005 after originally going bankrupt in 2004. I rent privately and have three VERY VERY HIGH APR Credit Cards which, I thought were the building blocks to reestablishing credit. I've never missed a payment on these cards and have ensured that I've never gone over the limit. However, I find myself some six years on now, not being able to get a mortgage or loan. I have ensured that both experian and equifax have posted a copy of my certificate of discharge on my credit file and even had them qualify that some entries needed to be verified as I believed that should have come off as they were part of the original bankruptcy petition. Some have been removed and some have remained but the comment that they are 'disputed' remains. I have had a steady bank account too since the discharge and although they know my in-comings and outgoings and can also see my spend pattern, they too have been no help whatsoever. I even started two long term saving plans that have been paid regularly into for some five years now and I would have thought that that would have shown a level of both being able to save and make a regular payment. I have spent days/hours trying to find specialist help with my circumstances but to no avail and hope that somebody on this forum can offer some further advice on what I can do next?

bankruptcy.co.uk

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Re: SIX YEARS OF HELL - NOW WHAT HAPPENS??
« Reply #1 on: Mar 15, 2010, 04:40:27 PM »
Hi Steve,
I am sorry to hear about your circumstances after bankruptcy. It will do you no good to hear this, but most people in your situation do not have a problem! What we have to do therefore is look into why you are different or are an anomoly to the rule.
1) You have "disputes" on your credit file. This will be causing problems to your credit rating. There is NO dispute... These were debts that you had prior to bankruptcy and therefore should be written off. The only thing I can think of, is that the official receiver did not write to them after your bankruptcy. You should therefore contact your OR and explain to him that these creditors are still in dispute with you. He will then in due course write to these creditors and the black marks should be removed. There is no if's or buts on this... You went bankrupt and served your time, these creditors need to be removed from your file and the Official Receiver has the power to do it.
2) This may help... It doesnt matter if you use a high APR card up to its full balance, or just spend £5 on it. It's making regular payments that helps your file. There is no point paying high interest rates. Pay off the balances on these cards, and spend £5 a month on it, paying off the balance in full at the end of the month. This does the same thing for your credit file and avoids paying stupidly inflated interest charges.
 
I hope this helps... Contact your OR immediately.
 
Could you let us know if this helps? I'd be keen to get some feedback.
 
Best of luck
Raphael Gilbert
Head of Insolvency Divison www.ban

steve707

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Re: SIX YEARS OF HELL - NOW WHAT HAPPENS??
« Reply #2 on: Mar 15, 2010, 07:45:08 PM »
Many thanks for the helpful advice. Although I find it difficult to comprehend the OR did not write to everybody on the original bankruptcy petition (those that have remained as defaulted/now disputed on my credit file, WERE INCLUDED), I still have every correspondance from my original bankruptcy paperwork and so can write as advised to the OR.
The bankruptcy figure was around £70K and I did end up having to pay an agreed settlement figure of £12K to the OR.
Is the OR legally obliged to write to these companies within a certain timeframe once I write to him? (given he's not done so in almost six years!) and must he confirm his actions? Or, do I have to continue to check if he's done his job properly at last and if not, do I have any other avenue(s) to explore? It would seem to me that this has been done in a somewhat deliberate and malicious manner and after all this time I've more than kind of accepted that this seems to be a 'life sentance' that has a very difficult appeals procedure??   

bankruptcy.co.uk

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Re: SIX YEARS OF HELL - NOW WHAT HAPPENS??
« Reply #3 on: Mar 15, 2010, 08:08:02 PM »
Hi Steve,
 
First of all, no problem at all. As a person who works for a company that specifically tries to place the positive in bankruptcy, it almost hurt my ethos to see what a terrible time you'd had. I felt compelled to reply. 
 
In answer to your questions
1) If you included the creditors on the bankruptcy petition then without a doubt, the OR would have written to them. It seems to me that they have conveniently ignored this. This therefore is something you must raise with the OR as I am sure as far as the OR is concerned, he has done his duty... Unfortunately they have ignored him/her. Therefore it does require further action. The law is on YOUR side. Any further contact from any of your creditors is harassment and you are legally allowed to even call the police as it breaks section 40 of the administration of justice act.
2) The OR, I promise, is your guardian. I am sure that the difficulties caused, have not been down to the OR not performing his/her duty... But by the creditors ignoring it. This coupled with your acceptance of the problem.. has caused a lack of resolution. Essentially they have been preying on your lack of knowledge. If you contact your OR.. he/she is legally obliged to help you.
 
I want to state again... the law is on your side. You have done your term, you have gone through the pain of the process, and you now are legally allowed your peace. Do not give up!!!
 
I hope administration do not view this at solicitation of business, as I guarantee I will charge no fee for this, but if you need any further help then do not hesitate to [** sorry, no personal contact invitations allowed **] at [** sorry, no personal contact invitations allowed **]. I will not charge you any fees for the help I give you as frankly I feel that you are going through an  injustice. Before you [** sorry, no personal contact invitations allowed **] though, please speak to your OR and also the insolvency service for more advice.

From the heart!! Best of luck!
Raphael Gilbert
Head of Insolvency Divison www.ban

steve707

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Re: SIX YEARS OF HELL - NOW WHAT HAPPENS??
« Reply #4 on: Mar 18, 2010, 07:05:29 PM »
Raphael
 
Many thanks again. I have to admit that I have relied somewhat on 'others' whom I've classififed at the 'system' to let the due process take its course as I am sure do most people in my case who are ignorant of the law/their rights. As you point out there have been clear and probably conveniently forgotten adherance to the process by those at the business end of the insolvency post my bankruptcy.
I aim to draft a letter to the OR at the weekend to elay these concerns based on some great advice and will sure let you know of their response through one of the current means of communication open to me following your last reply.

bankruptcy.co.uk

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Re: SIX YEARS OF HELL - NOW WHAT HAPPENS??
« Reply #5 on: Mar 18, 2010, 10:02:38 PM »
Hi Steve,
 
I could not have put it more eloquently myself. Your definitely taking the right course of action. Let me know how it goes! :)
 
Raph
Raphael Gilbert
Head of Insolvency Divison www.ban

steve707

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Re: SIX YEARS OF HELL - NOW WHAT HAPPENS??
« Reply #6 on: Mar 22, 2010, 08:14:03 PM »
Hi Raphael
 
I have emailed the OR with the details and am amazed that the original people I dealt with are still there (due to an 'out of office message' please contact.....). I have set out the details of my plight and explained the situation. My only concern is that because the OR referred my case to a trustee for a large 'well known' company, will they send me on a wild goose chase and advise that I need to go the trustee to try settle my issues? (I have re-confirmed the trustees details to the OR but would expect they would still have my details and case notes on file?)
I noticed I was paying around £120 per month to the trustee from about a month after the bankruptcy before he accepted £10K as a settlement figure in December 2004 for my interest in my then owned property. I do hope these people can finally get some sort of resolution with my credit file
Regards.........Steve

bankruptcy.co.uk

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Re: SIX YEARS OF HELL - NOW WHAT HAPPENS??
« Reply #7 on: Mar 23, 2010, 12:29:28 PM »
The OR should definitely be the person who resolves these issues. So the chances of the goose chase are low hopefully!!  Looks like you've followed my advice perfectly so this should all now get resolved :)
Raphael Gilbert
Head of Insolvency Divison www.ban

steve707

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Re: SIX YEARS OF HELL - NOW WHAT HAPPENS??
« Reply #8 on: Mar 23, 2010, 06:27:00 PM »
Got the reply today, but the OR has advised that any defaulted debts will be on my credit file for six years. I've re-emailed and asked -
- As the 15/04/10 will be the 6th year, will the defaulted debts that are shown despite them being in the original petition, be finally removed automatically?
- Or, do I still need to go chasing once that day has arrived?
I will continue to update the posting