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Credit file clean up - final push

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(@annypanny)
Active Member
Joined: 13 years ago
Posts: 9
Topic starter  

Hi
I'm so happy to say my hubby and myself competed our Trust Deeds in June 2013, I have spent the last few months writing, emailing and phoning creditors to request our credit files be updated with the correct default dates, asking for the date our estate was transferred to our trustee be used (24/11/09) and assuming that this would be the date all references to TD would disappear - is 6 years on - 24/11/15. I have to say all but one creditor have been happy to help and some have logged my request as a complaint and actually paid me compensation as well as marking the debt to be recorded up to 24/11/15, following which it will disappear. However, Santander have insisted the record remain on my file until Jan 2016 and say they use the last day of default on the account as the date they count the 6 years from. They are sending me their decision in writing and advise I can take this to the Ombudsman if I am still not happy, I would really appreciate your advice as to which is correct and would it be worth me pursuing with the ombudsman?? Many thanks in advance!


   
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(@firewalker)
Reputable Member
Joined: 13 years ago
Posts: 440
 

I understand from here that the date is the date the Trust Deed is signed. It should be no later than the date it is protected.

My Trust Deed started August 2009 and should have fallen off my credit records in August, however, one company actually re-appeared randomly and I would not have known had I not been checking my credit reference file each month. I had to start with them again. I believe it has been removed again although I am waiting on updated credit report.

I also had a MINT (RBS) card, the date for which varied. I had it still showing on Equifax as November (the last date they said it was in default, as Santander has done with you) instead of August, despite writing, calling, faxing and emailing for 18 months. in the end I gave up and thought it was only 3 months later. However, when it actually came to it, I was really cheesed off that all the efforts were ignored and it still showed. According to them the account is closed with no outstanding work.

I will be moving from a company car to a car allowance and so the dates are crucial timing for me.

The assistant mentioned to me on the phone about logging a complaint and considering compensation. That is the first time I have ever heard of that and to be honest after defaulting on their account, I could not think that was fair. I told her all I wanted was the date to be corrected and so I have once again emailed all the documentation and dates of communications. However, if it is not actioned this time, I may be tempted!!

Fingers crossed. Perhaps I will have good news to report - at last!!!

It would be fantastic to see my account cleared when it is updated at the end of this month .......... watch this space


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi annypanny.

Some time ago the Information Commissioner's Office told us quite clearly that a default date should not fall after the start of an insolvency.

If you make a further complaint to the FOS or the ICO I think your chances of success are very high.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@annypanny)
Active Member
Joined: 13 years ago
Posts: 9
Topic starter  

I know Firewalker, I just desperately want to get over this, it's been a long 6 years and I also badly need to change car in next couple of months, having Santander on my report till January and then having to wait and keep checking if it's been done is more than I can bear!!!! Going to Ombudsman probably won't be any quicker but at least I'll feel I've tried, Santander were a nightmare to get in touch with, they wouldn't take change of address details over the phone so I had to go into branch and explain circumstances at 'welcome desk' in full earshot of all staff and customers!!!! They have advised they will compensate for the time it has taken them to respond!!! It's s joke, I don't want their money, I just want my name cleared as I've served my time!!!!! I can say however all the companies seem to take complaints seriously and mentioning the Ombudsman has certainly got me speedy responses, maybe you should contact them regarding your issue with RBS???
Thanks for your reply and good luck with it all, we've come so far and can't give up now!!!!!


   
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(@annypanny)
Active Member
Joined: 13 years ago
Posts: 9
Topic starter  

Thanks TDA, is the start date of the insolvency the date it was granted or the date registered as protected in Register of Insolvencies?? Sorry to be a pest but I really want to be sure I've got this right!!!
So grateful for your advice on this and so many other posts I've read over the years!!!!


   
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(@firewalker)
Reputable Member
Joined: 13 years ago
Posts: 440
 

Annypanny - By Ombudsman, do you mean the Information Commissioner (ICO)?

I have previously tried that. I think they have updated some information but not other bits. Unsure now. I have lost the will ......

I am awaiting a call today. Depending on that, I will ask the information I sent to be raised as a complaint and again mention the ICO. If you have different information / contact details about an Ombudsman, I would appreciate if you would share it with me.

Thanks.


   
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(@firewalker)
Reputable Member
Joined: 13 years ago
Posts: 440
 

I tried to edit my post there - but the edit button seems to have disappeared.

Anyway, I should say I told them (In writing, on two occasions) I would go to the ICO. I used a template letter quoting the legal position.

When I saw they have changed some information - they changed to say it was satisfied, but would not or did not change the date of default, which is the issue now.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi Firewalker.

Regards editing, you should see a little pencil icon in your post when you're logged in. Click that to edit. I'm seeing it at the moment so it seems to be working.

Regards complaints, the Information Commissioner's Office is where you might choose to escalate a data protection complaint that a firm had failed to deal with. Reporting incorrectly to credit reference agencies is a data protection issue.

The Financial Ombudsman is where you can escalate complaints about most types of financial services providers. This might also include them reporting incorrect information to credit reference agencies.

I think you could probably take your pick on this subject.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@annypanny)
Active Member
Joined: 13 years ago
Posts: 9
Topic starter  

HI Firewalker
At first I wrote to the Data Protection Officers of the companies concerned including the standard letter from the internet and a copy of my Form 5 asking them to correct the date, I then noticed that the replies I received were saying they were sorry for my complaint and they would investigate and get back to me, it was then the complaint dept took over and I have to say most were really good, contacted me quickly and apologised for my inconvenience, all upholding my complaint and advising they have updated the Credit records to the correct date, I am keeping an eye on my file to ensure they are updated, I notice Experian have correct dates but Callcredit still have a few with incorrect dates so I assume I will need to now contact them direct, it never ends!!! Each company has provided me with a leaflet from the Finiancial Ombudsman advising on how to take my complaint further if I am not satisfied, I intend to do this with Santander but have no idea how long this will take. Hope this helps and you get some help from your contact today.


   
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(@firewalker)
Reputable Member
Joined: 13 years ago
Posts: 440
 

Thanks Annypanny. that is helpful.

I completed mind in August 2012 and received discharge in August 2013.
I did the same as you writing, emailing, phoning and sending copies. Most were corrected.

The main difference I see is that I have never (until yesterday) had any reference to a complaint option or a complaints department. indeed in some cases I was passed around the UK to different departments to find the department to deal with it.

I had to write to Noddle the other day to raise a dispute about the default that reappeared from nowhere. They have not written to say it has been removed (by the credit company who must have responded to my recent request) and it would be cleared in the next Account Update.
It is still frustrating that it appears until then when it was a mistake - grrrrrr. (this was M&S).

The other company should contact me today about the incorrect date. Depending on what they say, I will ask them about the Financial Ombudsman. As you say, it is another process that is unnecessary and time consuming. Thanks for the FO information.


   
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