In April 2013, we will be 6 years from first entering into a Trust Deed.We paid it off early by a few months but obviously still had to wait for the 6 years to be reached. We are in rented accomodation but are looking to buy after our TD is 'history'. We are in a far better place with income and even started to build our credit rating with Vanquis and Granite cards as advised. I have started a monthly subscription with Equifax but the report indicates a couple of our creditors are still defaulted. How do we clean this up? Do we speak to Equifax or the creditors who are now owned by other companies? A TD is great to get life back on track and the lessons we have learnt have been invaluable. Any advice on obtaining a mortgage with this TD in our past. Equifax currently have us as a midway risk. Thank you.
SLW
Contact the data controllers at the lenders in question enclosing a copy of whatever letter you got confirming the td was complete. Regarding a mortgage it may be worth asking you own bank 1st. Failing that look for a whole if market broker.
Paul
Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.
Welcome to the trust deed forum Disney70.
This article may be helpful in terms of default notices and getting mortgages after protected trust deeds have been completed:
https://www.trust-deed.co.uk/repair-your-credit-rating.html
I hope that you it them useful.
Hi, spoke to Equifax who informed me to contact the lenders. Bit of an issue as they have been taken over but I have sent a vague message to 3 companies asking who to contact within their company, reference the past and credit updates. I have also noticed that some of the lenders default dates are after the TD start date and so that may set us back a few weeks also when contacting Morgage companies. I'll sort out a Morgage advisor soon and perhaps test the water, however, sometimes that's more detrimental than anything, especially if you get knocked back! Any more advice or info always welcome. With all good intesions, there seems to be a bit of a agray area as to cleaning up once you've paid your dues, so's to speak.
SLW
I'm not sure that it's a grey area Disney70. The contents of your credit report are, under the Data Protection Act, meant to reflect the reality of your situation. If they don't you can ask the lenders to make the required updates to your file. If they don't you then have recourse to the Information Commissioner.
I'm very sure that it can be a frustrating and time-consuming process however.
It's a shame that more creditors don't handle this proactively themselves without needing prompting from ex-clients (though to be fair many do).
Thanks, I'll see what comes back from the creditors but I feel we're small fish in their big pond! I'll speak to IC if I get no progress within a couple of weeks. Until then, it's back to careful planning and financial homework!
SLW
I think that original lenders of sold on debts are still responsible for incorrect entries.
Paul
Trust deed completed Jan 2012,Trustee discharge Nov 2012.
A new dawn.
Hi, I have been to see a Mortgage advisor recently and he has advised me to proactively contact the original lenders about updating my Credit Report. It took me a long time on the phone and at times, using different area's of the firms to be passed through to the correct people concerned. It's often difficult to get in touch with those who deal with any of this type of credit issues. Anyway, I got some excellent feedback and addresses and have sent letters recorded delivery to these companies with a copy of my release from TD, current credit report (pertaining to that company) indicating any issues and asked for a reply to confirm the arrival of the new information. It is then their responsibility to pass on the updates and amend issues with all the Credit Report companies. Hopefully, this will be done within 14 days, but time will tell.
Confusing point.... my wife and I were joint 'debtors' with the companies. The Trust Deeds were seperate but all the dates of completion were identical. My wife today checked her credit report. Excellent! Mine, Fair! Mine showed the debtors breakdown from the TD and the 'defaulted' status'. Hers is all cleared. My only thought is that when the TD company sent off the paperwork for completion to these companies, they treated it as one account, cleared hers and not mine. Again, time will tell after my recent correspondance, if anyone has any other views, please tell.
One more thing... can anyone clarify that Date of Judgement is from when the Court issued the TD. In my case, April 11th 2007 and not from when it was settled. (25 Nov 2009)Seen some ambiguous comments online which say the latter and that does concern us.
SLW
Where are you seeing reference to a Date of Judgement?
There aren't any judgements involved in a protected trust deed - it is a non-court process. However, the comparable date for a trust deed would probably be the date of signing.
Hi, Date of Judgement was picked up on one of the numerous sites and searches we did. Default date or signing I think is probably a more clearer time in the TD.
Since my last post, I have been working away offshore. My wife has access to my Credit Report and guess what. Experian now has me at 974/1000 which is Excellent. Equifax has not changed. Still 360 (Fair). There has obviously been some movement forward, especially by Experian but surely the likes of Equifax would have been given the correct information also.
Concern: We have now been wisely advised that after 6 years from signing our protected TD, it will 'fall' off our report. This is great for us starting afresh.
However, should this not include any companies that were involved? Seeing as the TD took over the financial difficulties and we were informed at the time, not to have any correspondance with any of the companies if they did try to contact us, indeed, let the TD company know, and deal with it.
We have noticed that although the intial signing was April 2007, the final TD payment was Nov 2009 and the discharge from the TD was April 2010 (3 year point), some of the companies seem to have random dates afterwards for settlement and even still under default and showing a balance of debt. I've just read somewhere on this site something relating to the debt being at zero after the TD is finalised. Apologies for not giving reference to where I saw it but I've been from page to page searching information. It may even have been in another post.
It looks like I shall have to spend some time this coming week on the phone to Equifax, who seem to say it's best for me to contact the companies concerned. I shall contact them again and see where I get, but it always just seems to be an address and not a person on the line.
Oh, one more thing which may be of use to others. We recently spoke to a Mortgage Broker/Advisor who initially gave us positive feedback and advice which we took regarding contacting the companies. 2 weeks later after we informed him that out Credit Score etc was up at 974/1000, he tells us it is 6 years from completion and 9 years from signing before we will be considered for a mortgage. This was a blow to say the least and I'm sure to others reading this. Is there anywhere we can get definitive answers on the length of time it is before we can move on. He even told us we'd have been better off being Bankrupt! It now looks like we're going to have to rent again (as our lease is up and the owners are returning to move in)for at least another 12 months and contemplating a mortgage now worries us because of the adverse search penalties if and when it looks likely we will be turned down.
Thanks
SLW
Kevin, you mentioned a Protected TD is a non-court process.
Experian refers to a Case # and gives one. Court is UNKNOWN.
Equifax refers to Court Date (11 April 2007 - date of signing) and Court Details which gives a reference # to the actual TD.
Both these reference/details numbers differ from eachother??? Should these companies not be getting one set of reference details and using it on there database?
It was advertised in the Edinburgh Gazette, but would I be right in saying that's expected and normal?
Any thoughts?
SLW
I think that the credit reference agencies have a basic framework for their information.
That framework may not have a space for 'protected trust deed', so they try to fit a PTD in to the closest space in their framework.
Which could leave you with some odd anomalies like 'Court date' and 'court details' - for a process which has nothing to do with courts.
The main point really is to how to clean up your credit rating. There are plenty of articles, on plenty of websites, about how to do that.
My understanding is that you have to go to the creditors, not the credit reference agencies, to get the changes made. My advice would be to do that in writing, not on the phone.
I'm looking at a CreditExpert report. I think the place for a protected trust deed would pretty certainly be in the "public information" section.
Disney70 - I don't know what the reference details you mention are. They may be used by the credit reference agencies rather than anyone else.
Trust deeds are advertised on the Edinburgh Gazette.
Anything that has been put on your credit report will stay there for six years. Therefore it's not the case that everything reported by any creditor of yours will vanish when the trust deed does.
You cannot dispute correct information on your credit report and make it go away. You can dispute incorrect information or information that does not reflect reality. This would be with each reporting creditor rather than the credit reference agencies.
Your mortgage broker/adviser appears to be totally clueless about all of this. The comments you report are exactly the sort of thing that financial advisers that know absolutely nothing about debt say in order to pretend that they actually do.I'd suggest that you totally ignore anything that they've told you because they've made it up.
We kinda figured that about the Mortgage advisor. He changed his attitude so quickly in such a short period of time. Thank you for backing that up. Glad were not being paranoid about people.
Ok, I've already written to the companies with all the relevant information I have, on start and finish dates and sent it First Class Recorded delivery, almost needed another TD to cover that!
I would like a definitive answer from all those who know, not anyone who thinks they know. As helpful as they feel they may be. After all, I'm sure others are in the same boat as us.
I started TD in 11 April 2007
Paid it off Nov 2009
3 year point 11 April 2010 (I have the letters to prove we were released and everything was cleared as such.)
6 year point is 11 April 2013
On 11 April 2013, I shall be 6 years from signing. I am assured that because Equifax and Experian have the information on the TD it will be cleared from my file. Automatically. THIS IS GREAT.
Some of the Creditors info seems delayed. Surely, once the PTD was started, my default/delinquent or whatever (I never actually missed any payments to any companies, I just had to borrow for the rest of the month using VISA etc once paying the monthly requirement off and this is why we entered into the TD) SHOULD these companies provide these dates as : start 11 April 2007,cleared 11 April 2010. ???
If this is not the case then because they have entered some of the information as Jan 2012... does this now mean I will be showing this until potentially 2018? 9 years after entering into the TD initially.
I have written these companies. I know I am a small fish but how long do I write with no reply and is there a central agency like an ombudsman who could sort this.
I really appreciate the info I'm getting, I have been trying but like I mentioned earlier, the owners of the house I rent from are returning and we are being 'forced' (lease ending) to look for more rented accommodation to suit our needs. At this rate, buying is not even an option. My better half is starting to suffer because of the worry as we have an autistic son who needs appropriate housing/schooling and rigidity in his lifestyle.
Apologies if I sound like I'm bleeting a little, but I think many will maybe appreciate how this sort of situation becomes a serious concern in many ways. I sometimes feel were going round in circles and no one wants to take resposibility.
I look forward to definitives, thank you everyone in the meantime.
SLW
"Default notice" dates should be no later than the start of the trust deed. This article explains Disney70:
https://www.trust-deed.co.uk/repair-your-credit-rating.html
They should be marked satisfied or partially satisfied around the time that you were discharged from the trust deed.
Your creditors have a general responsibility under data protection law to make sure that what they have reported to creditors is accurate and reflects reality. If you say that it doesn't you need to:
1 - Ask the lender to change it.
2 - Complain to the lender if they don't.
3 - Complain to the Information Commissioner if they still don't.