- Are bankruptcies shown on a credit file?
- Clearout, what is it
- Court liquidation
- Creditor
- Creditors’ voluntary liquidation
- Declaration of indemnities
- Deed of company arrangement
- Defaults
- External administrator
- Fixed charge
- Floating charge
- How long does a bankruptcy stay on the Veda Advantage database?
- Indemnity
- Insolvent
- Liquidation
- Liquidator
- Receivership
- Veda Report - Can a lender list me more than once for the same debt?
- Veda Report - Getting a copy of your credit report
- Veda Report - How long can they keep your information?
- Veda Report - What information can be kept about me?
- Voluntary administrator
- Will a Debt Agreement affect my credit Report?
- What does Cross Reference mean
- What is a bankruptcy?
- What is a Part 9 Debt Agreement
- What is a Part 10 Debt Agreement
- Winding-up order
-
Are bankruptcies shown on a credit file?
-
Clearout, what is itThe term “clearout” is sometimes used on a credit report. The process for reporting a clearout is much simpler than that for reporting a default. There is no requirement that the debt be 60 days or more overdue or for any demand to have been made. A clearout listing remains on a report for seven years and it is likely that you will be unable to obtain more credit while the listing remains on your report, especially from any mainstream lender such as a bank.
A lender can only list a clearout if it is reasonable to believe that your actions indicate an intention to no longer pay the debt. However, some lenders may make a clearout listing simply because you have changed address without providing contact details.
Examples of where the clearout listing might be considered to be unreasonable: -
• if you have simply been on holiday and the lender could not contact you during this time
• if your last payment debt was a while ago, the debt has been sold and the new owner has only sent demands to your last known address
Back to top -
Court liquidationA liquidation that starts as a result of a court order, made after an application to the court, usually by a creditor of the company.
Back to top -
Creditor
-
Creditors’ voluntary liquidationA liquidation for insolvent companies, initiated by the company. Creditors may replace the liquidator appointed by the company in this type of liquidation.
Back to top -
Declaration of indemnitiesA declaration that must be provided to creditors by a voluntary administrator informing them about any indemnities given to the voluntary administrator to cover fees or other debts incurred in acting as voluntary administrator of the company. The declaration provides information to enable creditors to make an informed decision about whether they wish to replace the administrator over concerns about independence.
Back to top -
Debt
-
Debtor
-
Deed administrator
-
Deed of company arrangementA binding arrangement between a company and its creditors governing how the company’s affairs will be dealt with, which may be agreed to as a result of the company entering voluntary administration. Aims to maximise the chances of the company, or as much as possible of its business, continuing, or to provide a better return for creditors than an immediate winding up of the company, or both.
Back to top -
DefaultsA credit provider may only list a default on your file if 60 days has elapsed since the day on which the payment was due and payable and if the credit provider has taken steps to recover all or part of the amount outstanding. The credit provider must also have written to you at your last known address and advised you of the overdue payment and requested payment of the amount outstanding.
Back to top -
External administratorA general term for an external person formally appointed to a company or its property. Includes provisional liquidator, liquidator, voluntary administrator, deed administrator, controller, receiver, and receiver and manager. Other than a liquidator for a members’ voluntary liquidation and a controller who is not a receiver or receiver and manager, an external administrator is required to be registered by ASIC. An external administrator is sometimes also referred to as an insolvency practitioner.
Back to top -
Fixed chargeA charge taken by a lender over particular assets of a company. The company may not dispose of these assets without the consent of the lender.
Back to top -
Floating chargeA charge taken by a lender over general assets of a company. The company is usually able to use and dispose of these assets (e.g. stock, debtors) in the ordinary course of business without the secured creditor’s consent. A floating charge converts to a fixed charge over those assets if certain events listed in the charge document occur. These usually include the appointment of a liquidator or other external administrator.
Back to top -
How long does a bankruptcy stay on the Veda Advantage database?Bankruptcies stay on the Veda Advantage file for 7 years. If the bankruptcy is discharged after three years an annotation is entered on to the file stating this.
For further information in relation to bankruptcies please visit the Insolvency Trustees Service Australia (ITSA)
Back to top -
IndemnityAn agreement between the external administrator and a third party to cover the fees and other debts incurred by the external administrator.
Back to top -
Insolvent
-
LiquidationThe orderly winding up of a company’s affairs. It involves realising the company’s assets, cessation or sale of its operations, distributing the proceeds of realisation among its creditors and distributing any surplus among its shareholders. The three types of liquidation are: court, creditors’ voluntary and members’ voluntary.
Back to top -
Liquidator
-
ReceiverAn external administrator appointed by a secured creditor to realise enough of the assets subject to the charge to repay the secured debt. Less commonly, a receiver may also be appointed by a court to protect the company’s assets or to carry out specific tasks.
Back to top -
Receiver and managerA receiver who has, under the terms of their appointment, the power to manage the company’s affairs.
Back to top -
ReceivershipAn insolvency procedure where a receiver, or receiver and manager, is appointed over some or all of the company’s assets.
Back to top -
Veda Report - Can a lender list me more than once for the same debt?No, a lender cannot list the same default more than once. However, a lender can list you once for not paying a loan and then if the lender gets a court order against you, the court order will be listed separately.
Back to top -
Veda Report - Getting a copy of your credit reportWithin 10 working days
1. Write a letter to Veda saying you are requesting a copy of your credit file and state your full name, date of birth, driver’s licence, current address and, if applicable, your previous address (if you have moved in the last 5 years), a daytime telephone number and your signature.
2. Send the letter to Veda at: Veda Advantage Public Enquiries PO Box 964 North Sydney NSW 2059, or Fax the letter to Veda at: 02 9951 7880
Veda will send your credit report within 24 hours of receiving your application fee, currently $27. Back to top -
Veda Report - How long can they keep your information?5 years: credit applications, overdue accounts and court judgments
7 years: bankruptcy orders, debt agreements and serious credit infringements
Back to top -
Veda Report - What information can be kept about me?Your personal details (name, current and previous addresses, gender, drivers licence number) -
Records of credit applications you have made in the past five years -
Records of your current loans - Unpaid defaults (Accounts where you have been in default for more than 60 days and the creditor has demanded payment), even where the default has later been paid.
Court judgments or orders
Dishonoured cheques
’Serious credit infringements’, or ‘clearouts’, which are listings to show that the lender has a reasonable belief that you intend to avoid paying the debt. This is common for utility debts.
Bankruptcy orders, which might include debt agreements under the Bankruptcy Act
Back to top -
Voluntary administratorAn external administrator appointed to carry out the voluntary administration of a company.
Back to top -
Voluntary administrationAn insolvency procedure where the directors of a financially troubled company or a secured creditor with a charge over most of the company’s assets appoint an external administrator called a ‘voluntary administrator’. The role of the voluntary administrator is to investigate the company’s affairs, to report to creditors and to recommend to creditors whether the company should enter into a deed of company arrangement, go into liquidation or be returned to the directors.
Back to top -
Will a Debt Agreement affect my credit report?Both the debt agreement proposal and the debt agreement are registered on the National Personal Insolvency Index (NPII). Veda Advantage, the credit-reporting agency uses the information on the NPII to advise any creditors that you are under a debt agreement and/or have submitted a debt agreement. A creditor can also register a default against your name with Veda Advantage. Your debt agreement will be listed on your credit report for a seven year period. During this time you may find it difficult to obtain credit.
-
What does Cross Reference meanWhen two or more files on the Veda Advantage database are found to be the same identity, they undergo a 'file combine process' to leave behind a single file. When two or more files on the database are found to belong to the same person, but are different identities, these files may not be combined but left as separate files. Examples of this situation include:
• A woman goes from a maiden name to a married name or vice versa
• An individual is using different names to obtain credit whether or not this may be intentional or fraudulent
• Cross-reference information is given to Veda Advantage by our subscribers, the police and the subject themselves.
When these files are identified as being related, they are assigned a 'cross reference' identifier pointing to the other related file(s).
Back to top -
What is a bankruptcy?An insolvency procedure that applies to a natural person, not to a company. When a person is unable to pay their debts it is possible for them to be declared bankrupt. Action may be taken by one of the creditors, or it may be taken by the individual themselves.
Back to top -
What is a Part 9 Debt agreementA Pat 9 debt agreement is a negotiated arrangement between you and creditors governed by government legislation. A debt agreement is a low-cost alternative to bankruptcy for individuals on a lower income with few or no assets. Debt agreements are available to debtors with under $92,037.40 of personal debt and net income below $69,028.55
Back to top
-
What is a Part 10 Debt agreement
Part 10 of the Bankruptcy Act provides a process by which a debtor may make a proposal to their creditors for consideration and a formal vote. It is an alternative to bankruptcy. This agreement is called a Personal Insolvency Agreement. Once accepted, the proposal is binding on the debtor and all creditors in respect of their unsecured provable debts. It enables the debtor and creditors to come to a mutually agreed compromise in a relatively simple way without reference to the court.. Traditionally Part X administrations are administered by Registered Trustees. They may also be administered by the Official Trustee in Bankruptcy (through the Insolvency and Trustee Service Australia, `ITSA’
Back to top
-
Winding-up order
A court order for the winding up of a company. The first step in a court liquidation. Usually made after an application by a creditor.
Back to top




