firstly, hi to all and secondly, i am not officially an expert on these things but i just want to share my experience with you so that those in a trust deed do not encounter the same problems i have had. I hope it is ok to post this but if any moderators feel any information is misleading or inappropriate then feel free to delete the thread and also be warned it is quite long.

i entered into a trust deed in september 2005 and completed it in september 2008. i received a final discharge letter in november 2009 (yes, it did take this long, however i suppose each one is different so some may be discharged before this). Mostly of what follows was due to lack of information given to me, and i suppose in some part in laziness of actually preparing for life after the trust deed.

Anyway, i was made redundant in March but at the time i was in no rush to find a job due to other circumstances, however, when i did start applying for jobs in August, i realized how many companies perform credit checks as part of the pre-employment vetting process, so on discovering that i had access to credit reports via my bank account (Clydesdale Bank), i decided to check my report. As expected, all the defaults for the accounts in my trust deed were showing defaults but all the dates shown were different for each account, and most of them still showed that i owed money to them.

Upon investigating on how to deal with the matter, I wrote to all the companies concerned in September, explaining that according to the Information Commissioner (for those who do not know, this is the regulatory body for all data protection issues in the UK), their information was incorrect and stating that they had to amend it to show the default dates as when i signed the Trust Deed, and also shown that the balances outstanding were shown as "satisfied" to show i owed no more money, or a complaint would be filed with the Information Commissioner. Most of the companies have since complied and although my credit report wasnt cleared by September 2011 (as defaults expire after 6 years), i succeeded in getting 9 out of 11 default notices removed from my credit report.

If you arent bored yet, this is the important part. A certain financial institution who i cant name just now, to this day (22nd December 2011) have still not complied. I raised complaints with the Information Commissioner and Financial Ombudsman in October, yet the company have still not amended the information as complaints with them can range from 3 months - 6 months before anything is done due to the workload they have, and as the default dates are showing as June 2006 for whatever reason, i will obviously be showing a poor credit history until June 2012 unless the matter is resolved soon. I have no idea if these incorrect default dates are the reason that i have been unsuccessful with some of the jobs i have applied for, but they did state that they do check credit history, so it is a possibility. If i was working, it would obviously affect my chances of gaining credit so it would still affect me to an extent. I am currently taking the financial institution to court to resolve the matter, hence why i shouldnt name them, as they are in breach of the Data Protection Act, and after three months are still technically breaking the law.

That is my long winded story complete, so i would urge anyone in a Trust Deed to follow these steps to ensure that once your six years are finished, you should not have any problems with your credit file.

RECOMMENDED ONLY ONCE YOU HAVE RECEIVED A DISCHARGE LETTER TO SAVE DOING EVERYTHING TWICE

STEP 1

obtain a copy of your credit report, as i said above, Clydesdale Bank offer free unlimited checks through one of their current accounts so some other banks may provide the same service. Otherwise, you can get a copy by writing to the credit reference agencies. I think some of the agencies do free trials online so sign up for that but beware, after the first month they do charge quite a bit so cancel the account once you have your information printed. Contact details and what to put are in the following link on the Information Commissioners website if you do wish to write to them;

(link removed - Google "ICO topic specific guides" to find resource mentioned).

STEP 2

once you have your credit report, make sure all the default dates are showing as the date you signed your Trust Deed, and that the default amounts are all showing "satisfied", "settled", or "partially settled", or any other variation showing that there is no money attached to the default. If they are all showing these correctly, then you are fine. If not, follow the next step;

STEP 3

write to the data controller for each of the companies that are displaying incorrect information and are included as part of your Trust Deed. As these details are not usually displayed on the companies' websites, you can search the Information Commissioner's website at the following link, which is the registry of Data Controller's for every relevant company in the UK,

(link removed - Google "data protection register")

just put the company name in the "name" box and it will give you the correct address and the correct Data Controller, ie some banks have subdivisions so your account may be with one company but its the main bank that handles data.

Even if your debt has been sold on to another company, then it is still the initial company you had the loan/card or whatever, that is responsible for maintaining the information displayed on your credit file.

I used a template letter from the money saving expert forum and adapted it for myself and will put it below for you to use. Just change the relevant information. You will need to include a copy of your discharge letter, and i also included a letter from my Insolvency Practitioner stating that the financial institution was included in the Trust Deed (i had to ask for this as none of the paperwork i had mentioned any company names). template letter below;

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Your Name (aligned right)
Your address(aligned right)

Data Control Officer
Company name
Company address

DATE

Dear Sir/Madam

Re: INSERT ACCOUNT NAME AND NUMBER IF YOU HAVE THEM

After consultation with both the Information Commissioner and the Credit Reference Agencies, I am writing directly to you to request that you formally update my credit files in accordance with the Data Protection Act 1998. According to the Information Commissioner's Data Protection Register, you are listed as Data Controller for INSERT COMPANY NAME HERE.

I signed a trust deed on INSERT DATE OF SIGNING TRUST DEED HERE which became protected and was subsequently discharged on INSERT DATE OF TRUST DEED DISCHARGE HERE, and INSERT COMPANY NAME HERE was included within the Trust Deed. My credit file report has the following information displayed;

INSERT RELEVANT INCORRECT DEFAULT DATES AND AMOUNTS SHOWN IN CREDIT FILE HERE

This information is inaccurate and as such is in breach of Schedule I, Part I, Item 4 of the Data Protection Act 1998, which states that Personal Data shall be accurate and, where necessary, kept up to date.

ÔÇó It is requested that if you intend to default the account, the default entry must be INSERT DATE OF SIGNING TRUST DEED, in accordance with the Information Commissioner's guide to bankruptcy.

ÔÇó It is requested that you mark the accounts with any balance outstanding, in some way as to indicate that it is settled or satisfied, in accordance with the Discharge of my Protected Trust Deed, with which I have included a copy, and in accordance with the Protected Trust Deeds (Scotland) Regulations 2008, which have released me from any obligations to creditors listed within the Trust Deed.

ÔÇó If you have sold the debt on, according to the Information Commissioner, you are still liable to ensure that both you and the new holder are aware and that as the originator of the information it is your responsibility to ensure that it is corrected.

In accordance with Section 10(3)(a) and Section 10(3)(b) of the Data Protection Act 1998, then you are required to provide me with written notice, within twenty-one days, that you intend to amend the incorrect information above, or state your reasons for refusal to do so.

After the twenty-one days have elapsed, the Information Commissioner has requested that I inform them if your company fails to update the records so that they may take any necessary enforcement action against your company.

I have copied the relevant information provided by the Information Commissioner as an attachment to this request.

Yours faithfully

INSERT NAME HERE

The ICO info ÔÇô A guide for the public - Bankruptcy

My bankruptcy has been annulled. I've noticed that an account that was included in my bankruptcy is marked in default later than my bankruptcy. Can I do anything to change it?

Sometimes a lender will not know the exact date you were made bankrupt. This may mean that when the lender registers a default with the credit reference agencies, the date on the default is later than the date on your bankruptcy order.

If a particular debt is included in the bankruptcy, you can write to the lender to ask them to change the date of the default to the date on your bankruptcy order. Remember to send the lender a copy of your bankruptcy order or other documentation which confirms the date you were declared bankrupt.

If the lender refuses to change the date of the default then we may be able to help. You will need to send us:
ÔÇó A copy of the bankruptcy order of document that confirms the date you were made bankrupt; and
ÔÇó A copy of the lender's letter which says it won't change the date of the default.

What happens to defaulted accounts on my credit reference file?

After you have been discharged from your bankruptcy you can send proof of your discharge to all the lenders whose debts were included in your bankruptcy. Those lenders should then mark the entry on your credit reference file to show that you no longer owe money on that account (perhaps by marking the entry as ÔÇÿpartially satisfied' or ÔÇÿpartially settled' or in some other way).

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this should be enough to resolve the matter as most companies should know that they have to amend the information, and as they deal with data everyday, should have a working knowledge of the Data Protection Act 1998.

If however this does not work or they do not reply to your satisfaction then follow the next step.

STEP 4

complain to the Information Commissioner. Just follow the instructions on the following link,

(link removed - Google "ICO complaints")

and they will deal with the matter and fine the company if it deems the breach as serious enough to do so. It does take some time though as i raised a complaint in October and still have not got any further forward. Please note also that if you have been financially affected by the incorrect information, say for example, you have had to take a higher APR on a loan due to the incorrect information in your credit file deeming you as a risk then you can claim compensation for the extra interest you have had to pay. The Information Commissioner can not do this for you, and you will need to go to court to seek damages but you will obviously need to be able to prove this and i would advise seeking proper guidance before thinking about that.

STEP 5

This should only be used once all other steps have been taken, it is the route ive had to go as i am outside the six years, but if you follow the previous steps as soon as you are discharged then you should hopefully have your credit file wiped on the sixth anniversary.

If you do have to go to court then you can do it through small claims, for £15 and gain a decree to force the company to amend the information. Forms and information are included in the scottish courts website, and also details of your local Sheriff Court who you will need to raise the action with. Its very easy to do and you can do it all yourself as it is aimed at people who have no knowledge of the law, so its not as daunting as you may think.

(link removed - Google "Scottish courts small claims")

what you are seeking is "an implement of an obligation" to ensure the company displaying the incorrect information complies with the Data Protection Act 1998.

In the form, you are the "pursuer" and the Data Controller for the company displaying the incorrect information is the "defender".

In the "Statement of claim", you need to state that the company is in breach of Schedule I, Part I, Item 4 of the Data Protection Act 1998 (as mentioned above).

You will need to enter details of the date of your signing of the Trust Deed, who it was with, that the company you are taking to court was included, and details of your discharge. Please note that in the event of the case actually making it to court, you will need to provide copies of all this information to the court on the day of the hearing.

Chances are, the Data Controller's office will not be in your Sheriffdom, as most head offices are in London, so to clear with the court that they have jurisdiction, then you can search the Sheriffdoms of Scotland to find your local court, and include in the statement of claim at the end;

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Although INSERT COMPANY NAME 's registered offices are in INSERT CITY HERE, In accordance with Schedule 8(1)(b) and Schedule 8(3)(b) of the Civil Jurisdiction and Judgements Act 1982, as the pursuer is domiciled in the Sheriffdom of INSERT SHERIFFDOM WHERE YOU LIVE in Scotland, any action raised by the pursuer with regards to any accounts held with INSERT COMPANY NAME fall under the jurisdiction of INSERT LOCAL SHERIFF COURT, with whom the pursuer raising the action.

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all the above means that in the Civil Jurisdiction act, that if its a matter relating to a loan 8(1)(b) then it can be raised at a court local to where the pursuer lives 8(3)(b).

chances are they will fix it before it goes to court as it will cost them a lot of money to send someone to defend the claim and also big companies dont like losing court cases as it goes in a register that affects their credit rating (ironically!), and as long as you have tried to get the issue sorted and provided the company with all the correct information so that they can update their records then the law is on your side.

If you do also want to claim compensation, then i would advise searching for and reading Section 13 of the data protection act and also seeking guidance elsewhere, as i said above, from the CAB or something as this would need to be done as a separate claim, still small claims, but you have to prove exactly why you are claiming compensation and you may not actually successfully gain the full amount unless you have a strong case.

All i will finally suggest, if anyone has made it this far, is get your file cleaned up as you are discharged so you will have no problems once your six years are up, as it is frustrating to say the least that i am having problems over seven years after starting my trust deed and still cant move on with my life. I wouldnt wish these problems on anyone and i hope at least one person will find it helpful.