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Max Lowry
Max Lowry, Advocate
Category: UK Bankruptcy Law
Satisfied Customers: 1438
Experience:  LLB, 10 years post qualification experience
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Hiya, I declared bankruptcy 16 months ago and have been

Resolved Question:

Hiya,

I declared bankruptcy 16 months ago and have been discharged. 2 creditors however have refused to mark my credit file as satisfied and one of them has stated that they are pursuing outstanding debt or at least the credit recovery agency they sold the debt to has so stated. I guess my question is ..if I haven't included a debt on the paperwork I submitted is that debt included in the bankruptcy? I believe as far as hmrc is concerned /it is , and whilst certain debts are not admissible in bankruptcy ie student loans and maintenance. my worry is that I may have omitted to include a creditor or specific debt where I had more than one debt with the same creditor ..all my debtors were banks and my business took a bad debt hit for £80k ..personal guarantee..i went down !

I phoned one creditor after being discharged and they said that they would leave it as unsatisfied until they either received proof of discharge or for 6 years..i had received my credit history file and checked what was showing (santander) ?

any help/advice would be appreciated.

sh.
Submitted: 1 year ago.
Category: UK Bankruptcy Law
Expert:  Max Lowry replied 1 year ago.

Max Lowry : Hi, welcome to the site. My name is XXXXX XXXXX I will help you with your question. Can I ask, have you spoken with the Official Receiver about these debts?
Max Lowry : Are these unsecured debts?
Max Lowry : Were these two debts incurred before you went bankrupt? Thanks
Customer:

Hi Max, no I ve not yet contacted the receiver about them , they were incurred before i declared bankruptcy and yes they are as far as i know unsecured ..there is a debt that is secured against my home which dos not revert back to me for another 2 years (negative equity)...so there is a charge against the house but I don't yet know if either of these debts is one of those?

Customer:

For clarity, I do have a charge against the house for a £4k debt but have not yet checked to see if that is one of these, I ve not contacted the receiver about these as I ve just received the letters which were in response to my supplying proof of discharge to have debts marked as satisfied on my credit file, and yes they will be pre bankruptcy as I ve not taken any loans or credit of any form since .

Customer:

regards

Customer:

shaun

Expert:  Max Lowry replied 1 year ago.
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Expert:  Max Lowry replied 1 year ago.
Hi Shaun, thanks for the additional information. In short, your debts that were incurred prior to the date of bankruptcy (except student loans etc) will fall into the bankruptcy. It makes no difference that you did not include your pre bankruptcy debts on the form you fill in for the Official Receiver, all debts will be included. Nobody is entitled to try and recover these debts post bankruptcy. You should be firm with them and tell them in no uncertain words that their unsecured debts fall within the bankruptcy and if they continue to bother you you will inform trading standards (in so far as the debt recovery agency is concerned. I'm not sure who the other creditor is).

With respect to the credit reference agencies you should contact them yourself. Provide them with a copy of your discharge certificate (which if you don't have one ask the Court which dealt with the bankruptcy) and forward this to the agencies asking for it to update its records and to make sure that any debts which were recorded on your file pre bankruptcy are removed. The three agencies to write to are Experian, Equifax and Call Credit.

Just make sure the debts being claimed are unsecured. Secured debts do not fall into the bankruptcy such as those registered against property - these will survive bankruptcy.

Hope this helps. Let me know if I can be of further assistance.

Max
Max Lowry, Advocate
Satisfied Customers: 1438
Experience: LLB, 10 years post qualification experience
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