WA Credit Reporting Firm Refusing to Remove Bankruptcy - Legal?

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Robert P

Member
24 January 2017
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After being Discharged from Bankruptcy on12/2014, my bankrupcy was then annulled on 06/2016. I was refunded just over $10.000 for over payment.

Because of this, a Credit reporting firm will not remove my bankruptcy from their files until 06/2018.

Question: Is this legal?
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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Bankruptcy information is removed from credit files two years after the bankruptcy ends. It probably should state that it was annulled, but I'm not sure what form this notation would take. Credit reporting bodies are required to make sure that any information on your credit file is a true and accurate record - and you did go bankrupt and it was annulled. If it's supposed to be there, they can be fined for removing it outside the relevant time frames.

Your name will appear on the personal insolvency index for life, with the notation that it was annulled. You should also be aware that if you are ever asked, as part of a credit application (for example), whether you have ever been declared bankrupt - the correct answer is "yes, and it was annulled". Saying no may amount to a fraudulent representation.