Good Morning Worried Dad

If your discharge date is not showing on the Register of Insolvencies (Particularly if you have received your Form 5) then this is something you need to contact your Trustee about to seek clarification. Whilst creditor records would likely be updated upon receipt of a dividend, if you and your Trustee have not been discharged then this may explain why no creditor entries on your credit history have been updated.

You should contact your case administrator as soon as possible to get confirmation of the position.

I agree with these thoughts Worried_dad.

It seems like something has gone wrong somewhere with your discharge being processed properly.

This did the job for me you just need to keep an eye on it to make sure they make the correct, corrections never had a problem they all updated very quickly (few days to a week or so. Everything will come off 6 years after you signed so make sure the first default date is the same as signing date so it all comes off at the sametime. Some companies will mark defaults all the way up to discharge, don't worry about that it will still fall after 6 years but is should still be marked as settled or partially satisfied with a £0 Balance

Dear Sirs
Re: Account Number xxxxxxxxxxxx
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.

I signed a trust deed on xxxxxx which became protected on xxxxx and xxxxx was included within the Trust Deed and I have since been discharged. For your convenience I have attached a copy my Form 5 notification of discharge. As such the information that you have recorded against my name with the Credit Reference Agencies is factually incorrect and as yet your company has failed to correct the entries as required.

1. It is requested that if you intend to default the account, the default entry must be xxxSame as dated originally signedXXXXXX, in accordance with the Data Protection Act.
2. 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.
3. As I have not been discharged you are required to indicate that the account is now settled or partially satisfied.

The Information Commissioner has indicated that I should allow you 28 calendar days from the date you receive this letter to comply, during this time you are requested either to update the Credit Reference Files correctly (of all three Credit Reference Agencies) or notify me in writing the reasons that you refuse to.

After the 28 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.

Yours faithfully

you can also contact the AIB about the date entry in the ROI

Hi pingpong,

From what's written here, I don't think Worried_dad's discharge has actually truly happened. Discharge isn't official until it's on the Register of Insolvencies, so the creditors apparently have no evidence that they should update these accounts at this time no matter what type of letter they receive.

Thanks for sharing the letter that worked for you. For anyone considering using this as a template, I'd suggest a little caution regarding the sections indicating contact with the Information Commissioner unless it's actually the case that this has happened.

Thanks for the replies, I spoke with my trust deed company about my problems/concerns it appears as though TDA is correct in that there has been rather frustratinhly an issue with my discharge being noted on the roi, they tell me the relevant forms/information were sent to the aib however for whatever reason they haven't updated (no idea how that can happen) and that my trust deed company resent the same information last week (which seems crazy it takes 9 months or so for this mistake to be flagged up) so hopefully now it will be noted and updated shortly,
As for the debts showing as default they say final dividends have been paid so these should have all been updated by now so I suppose now I have he job of trying to get these sorted out,
Form everyone's experiences on here what's the easiest way? On the phone I was advised that if I was to send a copy of my form 5 to Experian etc then They would do this for me and there would be no need for me to contact each individual company?

Hi Worried_dad.

Well... I'm glad that you've got to the bottom of this at least.

I'm not sure about this advice that the final dividends being paid to creditors is the key point in time that they should update your credit file.

Everything that we've learned is that it's your discharge date that 'should' trigger this to happen.

I think it would be best to wait at least a month after you have been officially discharged before doing too much work on this. Some or all of your creditors might process the appropriate updates without you needing to do anything.

Yeah it's a bit frustrating that it hadn't been sorted however hopefully now it will be, yes i'lol give it time to update itself, I assumed it already would've done that's why I was shocked when seeing everything was as it was during trust deed.
Hopefully my car can hold out until it sorts itself out, spends more time in the garage than out of it. Although the last payment for my car was the same month as the last payment fromtrust deed so have enjoyed having a spare £400 or so a month for the last 9 months, lets you do things with the kids that were a struggle during it.

A quick update followed by another question, sorry.
My discharge is now showing on the roi, however it's dated 24/3/17 and not last year around the time I got my form 5, I take it this is normal in that my discharge isn't complete until it's in the roi? I just assumed it would be dated around the same as my form 5? Not sure if this makes a difference or not or has any impact on me ?

Hi Worried_dad.

I'm afraid I don't know if it's even possible to backdate a discharge due to administration error (or similar).

It might well not be given that discharge isn't official until the entry appears on the Register of Insolvencies.

Someone else might know more and be able to share it here.

Hi Worried Dad

I do not know either. However, in your position, I would write to the ROI, enclose a copy of your Form 5 showing discharge date and explain the delay in recording your information.

Thinking logically (not everything is logical, however), they are required under Data Protection to have accurate records. If yours does not accurately display the date you were discharged (per your official Form 5), perhaps that might be cause/reason to change your records.

It cannot hurt to check it out.

Alternatively (or in the first instance) you could check with your Trustee and explain it does not reflect the correct date and ask them to change it. If that does not work, refer to suggestion above. Bearing in mind, they may not want to admit to the ROI that they got it wrong / delayed the record.

Good luck. It would annoy me too and I would try anything so as least I felt I had exhausted all options.

No harm in trying Firewalker - I agree.

The potential obstacle I see is that the discharge didn't actually take place, because discharge happens when it's entered onto the Register of Insolvencies. So you'd be backdating to something that should have happened rather than something which did happen.

Seems unfair as it is though.

Ah - I thought Form 5 was his discharge, and they omitted to register it on the ROI - an admin error that is not Worried Dad's fault. I would have thought (again not always reality) that there was something in place with ROI to allow an error to be corrected where they can evidence with Form 5 he was discharged.

I was basing it on the Form 5 being the evidence of discharge.

Anyway, he can only try and hope for the best.

Hi Firewalker,

You are correct in that it's the trustee signalling that their client has completed their obligations and will be discharged. That discharge doesn't become a fact however until it has been added to the Register of Insolvencies. So you could have an error where the trustee didn't notify the AIB, or a correctly sent message to the AIB didn't arrive with them, or an admin error at the AIB meant that the ROI update didn't happen.